K.Ayyampillai v. The Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.34198 of 2025 and W.M.P.(MD)Nos.27018, 27023 & 27025 of 2025 1.K.Ayyampillai 2.S.Sudalai Suresh 3.S.Meikanda Muthu Pillai 4.N.Murugan 5.A.Pechirajan 6.S.Subramaniya Pillai 7.C.Pitchaiyandi Pillai 8.S.Maruthanayagam Pillai 9.M.Gomathi Nayagam Pillai 10.Chinnathambiya Pillai ... Petitioners Vs.

1.The Commissioner, Chennai.

2.The Joint Commissioner, 1/6

3.The Assistant Commissioner, 4.The Executive Officer, Arulmigu Karkuvel Ayyanar Thirukovil, Theri Kudiyiruppu, Tiruchendur Taluk, Thoothukudi District.

5.Arulmigu Karkuvel Ayyanar Thirukovil, Represented through its Trustee Board Chairman, Theri Kudiyiruppu, Tiruchendur Taluk, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in the impugned order passed by the first respondent herein dated 14.12.2024 passed in R.P.No.542/2024/D2 confirming the order of the 2nd respondent herein dated 24.10.2024 passed in I.A.No.5 of 2024 in O.A.No.8 of 2024 and quash the same as illegal and pass further direction to the 1st and 2nd respondents herein to permit the petitioners to perform customary rituals in "Kallar Vettu Thiruvizha" attached with the subject mentioned 2/6

temple, Arulmigu Karukuvellyyanar Thirukovil, Therikudiyiruppu, Tiruchendur Taluk, Thoothukudi District and permit us to enjoy the "Emolument", "thattukasu", "Vetti, Thundu" and the share in "Coconut Cracking fee" at the time of festival within the time stipulated by this Court.

For Petitioner : Mr.V.Meenakshi Sundaram For Respondents 1 to 3 : Mr.K.Balasubramani Special Government Pleader For Respondent No.4 : Mr.M.Karthikeya Venkatachalapathy For Respondent No.5 : Mr.C.Murugavel

O R D E R

A challenge has been made against the order passed by the first respondent herein dated 14.12.2024 in R.P.No.542/2024/D2, confirming the order of the 2nd respondent herein dated 24.10.2024 passed in I.A.No.5 of 2024 in O.A.No.8 of 2024. 2.Admittedly, O.A.No.8 of 2024 was filed under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to protect the petitioners' customary rights. The said I.A.No.5 of 2024 was filed for the purpose of determining the petitioners' customary rights and to perform poojas in the festival 3/6

which was conducted in the year 2024. The festival had already been conducted and their customary rights are yet to be decided in O.A.No.8 of 2024. Mere dismissal of I.A.No.5 of 2024, will not deprive the petitioners' customary rights in O.A.No.8 of 2024. Such being the case, this Court is not inclined to devolve much in this Writ Petition.

3.Accordingly, this Writ Petition is closed, giving liberty to the petitioner to raise all the issues in the O.A.No.8 of 2024. Further, the second respondent is directed to dispose of O.A.No.8 of 2024, within a period of three [3] weeks from the date of receipt of a copy of this order. However, it is made clear that the said O.A. shall be decided without being influenced by any of the observations made by this Court and by any of the observations made in I.A.No.5 of 2024. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

04.12.2025 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Commissioner, Chennai.

2.The Joint Commissioner, 3.The Assistant Commissioner, 5/6

KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.34198 of 2025 04.12.2025 6/6