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W.P(MD)No.14052 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025 CORAM THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P(MD)No.14052 of 2025 S.Padma ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai. 2.The Executive Officer, Arulmigu Kallazhagar Thirukovil, Alagarkovil, Madurai. 3.Muthukumar 4.M.Ananthi 5.R.Syamala 6.V.M.Jayalakshmi
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to put up mandagapadi and conduct chithirai pournami mandagapadi festival and perform poojas to kallazhagar at new 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2025 survey number 96/4, vandiyur 2nd bit village, Madurai by receiving necessary payment from her. For Petitioner : Mr.K.Sathish Kumar For Respondents : Mrs.P.B.Ahamed Yasmin Parvin, Government Advocate for R1. Mr.V.R.Shanmuganathan for R2. Mr.V.P.Rajan for R3.
ORDER The petitioner seeks issuance of Writ of Mandamus to direct the respondents 1 and 2 to permit the petitioner to put up mandagapadi and to conduct Chithirai Pournami Mandagapadi festival and perform poojas to Kallazhagar by receiving necessary payment from her. 2.The case of the petitioner is that the writ petitioner and the respondents 3 to 6 are the legal heirs of V.M.Jayachandran. There was internal arrangment between the famiy members after the demise of V.M.Jayachandran with regard to performance of mandagapadi. However, the third respondent is not respecting the said internal arrangement and he is preventing the petitioner from performing the mandagapadi by taking advantage of receipts being issued in his name. The petitioner had earlier approached this Court by filing W.P. 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2025 (MD)No.5781 of 2024. The said writ petition was disposed of by an order dated 22.03.2024 by directing parties to resolve their dispute before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. The petitioner was also given liberty to workout his remedy under section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Admittedly, the petitioner has thereafter approached the Joint Commissioner by filing O.A.No.28 of 2024 on 17.04.2025 and also filed W.P. (MD)No.24769 of 2024 seeking a direction to dispose of said O.A.No.28 of 2024 by the first respondent herein. This Court by an order dated 21.10.025
disposed of the said writ petition by giving a direction to the first respondent therein to dispose of said OA within a period of four months. The grievance of the petitioner is that the order of this Court has not been complied with and undue advantage is taken by the third respondent citing the pendency of O.A., before the Joint Commissioner. 3.The petitioner had already approached this Court by filing W.P. (MD)No.5781 of 2024 to perform mandagapadi for the last year ie., 2024 and this Court did not grant any positive direction in the said writ petition and merely directed that the disputes should be resolved amongst siblings. In the alternative, the petitioner was directed to seek remedy under Section 63(e) of the Act. The petitioner also made an application under Section 63(e) of the Act 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2025 by filing O.A.No.28 of 2024. Despite, this Court gave a direction to dispose of the said OA within a period of four months, the first respondent has not been able to dispose of the same. At this stage, the learned counsel for the third respondent submits that the proceedings are in part herad stage. 4.In view of the above, no direction as sought for by the petitioner can be granted at this stage and the petitioner has to await for the outcome of O.A.No. 28 of 2024 which is pending before the first respondent herein. The first respondent is directed to conclude the proceedings in O.A.No.28 of 2024 within a period of three months from the date of receipt of a copy of this order. The petitioner is at liberty to participate in the mandagapati without claiming any first right. 5.The writ petition is disposed of accordingly. No costs.
08.05.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2025 The Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2025 P.B.BALAJI, J. ias W.P(MD)No.14052 of 2025 08.05.2025 6/6 https://www.mhc.tn.gov.in/judis