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2025 DAILYLAW 142192 (MAD)

Ayyappan S v. The Commissioner

WP(MD)/15514/2025 · 2025-06-09

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.15514 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.15514 of 2025 S.Ayyappan ... Petitioner Vs. 1.The Commissioner, Hindu Religious & Charitable Endowments, No.119, Uthamar Gandhi Salai, Aayiram Vilakku West, Nungampakkam, Chennai-600 034. 2.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious & Charitable Endowments, Tirunelveli-627 002. 3.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious & Charitable Endowments, Palayamkottai, Tirunelveli-627 002. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the community name of 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15514 of 2025 the temple, namely, Sri Yadavar Uchimakali Amman Kovil situated at Melapalayam Kuruchi, Tirunelveli District based on the petitioner's representation dated 04.04.2025 within stipulated time fixed by this Court. For Petitioner : Mr.M.Perumal For Respondents : Mr.P.Subbaraj, Special Government Pleader ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present Writ Petition, the learned Special Government Pleader appearing for the respondents would submit that the issue, seeking removal of the community name of the temple, namely, Sri Yadavar Uchimakali Amman Kovil situated at Melapalayam Kuruchi, Tirunelveli District, is now sub judice before the 3rd respondent in O.A.No.2 of 2023. 2.When the statutory proceedings are pending before the competent authority, this Writ Petition is not maintainable. Thus, the petitioner has to exhaust the remedy before approaching the Court of law. In any event, the 3rd respondent may dispose of the application as expeditiously as possible on merits and in accordance with law and by affording opportunity of hearing to all the 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15514 of 2025 parties concerned and stakeholders. The petitioner is also at liberty to file a fresh application before the 3rd respondent, if requires. 3.With these observations, this Writ Petition stands disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 09.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Commissioner, Hindu Religious & Charitable Endowments, No.119, Uthamar Gandhi Salai, Aayiram Vilakku West, Nungampakkam, Chennai-600 034. 2.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious & Charitable Endowments, Tirunelveli-627 002. 3.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious & Charitable Endowments, Palayamkottai, Tirunelveli-627 002. 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15514 of 2025 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. Yuva W.P.(MD)No.15514 of 2025 09.06.2025 4/4 https://www.mhc.tn.gov.in/judis