W.P.(MD).No.19749 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.19749 of 2025 and W.M.P(MD) No.15195 of 2025 1. Madhavan V 2. V.Ranjitham ... Petitioners Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, B-1 Road, Ellis Nagar, Madurai. 2.The Executive Officer, Sri Arulmigu Kallazhagar Thirukovil, Azhagar Kovil, Madurai. 3.Periyannan Poosari, S/o.Venkatramanpoosari, Old No. 4, New No. 7, Venkalakadai Street, Madurai 1. 4.Vasudevan, S/o.Venkatramanpoosari, Old No. 4, New No.7, Venkalakadai Street, Madurai 1. ...Respondents 1/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from in any manner interfering with the rights of the petitioner and the legal heirs of Vengataraman Poojari from participating and performing the traditional pooja of smearing sandal wood paste on their own to the doors situated at Pathinettam Padi Karuppanasamy Temple, Alagarkovil, which is going to be held on 24.07.2025. For Petitioner : Mr.B.Bhuvaneshvari for M/s. Ganesan Legist Law Firm For R1 and R2 : Mr.SS.Madhavan Additional Government Pleader For R3 and R4 : Mr.M.Solaisamy ORDER This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 and 2 and the learned counsel for the respondent Nos.3 and 4. 2. The first petitioner are the younger son and the wife of Late Vengataraman Poosari. The private respondent Nos.3 and 4 are brothers of the petitioner No.1 and the sons of the petitioner No.2. 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 3. The learned counsel appearing on behalf of the respondent Nos.3 and 4 has filed a copy of typeset consisting the following documents for explaining the case of the respondents. S.No Date Description 1 15.07.1976 Partition Deed in Document No.2360 of 1976 2 -- Receipts issued by the second respondent 3 -- Permission obtained to put up “Pandal (Shed)” 4 07.08.2023 Copy of order in IA.No.474 of 2023 in O.S.No. 517 of 2022 5 12.08.2023 Proceedings of the second respondent 4. The learned counsel for the repondent Nos.3 and 4 would submit that in the light of the order passed in I.A.No.474 of 2023 in O.S.No.517 of 2022 on 07.08.2023, the relief sought for by the petitioners should not be entertained. 5. It is submitted that the first petitioner has almost sought for the similar relief before the civil Court in O.S.No.517 of 2022, which was rejected by the Principal District Munsif Court, Madurai, vide order dated 07.08.2023 with the following observations: 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 vdNt> 1-k; vjpu;kDjhuu; jhd; mtuJ 9 %jhijau;fshy; Vw;gLj;jpf;nfhz;l ghfg;gpuptpid gj;jpug;gb njhlu;r;rpahf Mb jpUtpohit Row;rp Kiwapy; elj;jp tUfpd;whu;. kDjhuu; Mb jpUtpohit elj;jp te;jhu; vd;gjw;F vt;tpj rhl;rpaKk; Kd;dpWj;jtpy;iy. NkYk; kDjhuu; Nfl;Ls;s gpujhd gupfhuj;jpw;F vjpuhf NfhupAs;s ,e;j kDthdJ epiyf;fj;jf;fjy;y vd;W ,e;ePjpkd;wk; jPu;khdpj;J kDjhuu; jhf;fy; nra;Js;s kD js;Sgb nra;J cj;jutplg;gLfpwJ. 6. That apart, it is submitted that the petitioners had approached this Court in W.P(MD) No.19590 of 2023, the prayer of which, is extracted here under: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to allow the petitioners to participate in Chandana Sathupadi Pooja in 18aam padi Karuppu Azhagarkovil festival which is happening on 16.08.2023 how it used to practice all the three years and not let other legal heirs of Venkataraman to stop the petitioners from participating the chandana sathupadi pooja. 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 7. 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 7. It is submitted that pursuant to the aforesaid order, a Peace Committee Meeting was held in the presence of the 3rd respondent. The contents of which, are extracted here under: 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 8. It is submitted that pursuant to the aforesaid order of the second respondent, the petitioner has filed O.A.No.17 of 2024 during the month of January 2024 under Section 63(e) of TN HR and CE Act. 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 9. The learned counsel for the official respodent Nos.1 and 2 would submit that all along, the rights have been recognized in favour of the private respondent No.3, who is elder son of the second petitioner and elder brother of the first and fourth respondents. 10. Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondent Nos.3 and 4, this Court is of the view that the request to forbear the respondent Nos.3 and 4 from interfering the rights of the petitioners as legal heirs of late Venkatraman Poosari from participating and performing the traditional pooja of smearing sandal wood paste on their own to the doors situated at Pathinettam Padi Karuppanasamy Temple, Alagarkovil, which is going to be held on 24.07.2025 cannot be countenanced in view of the pendency of O.A.No.17 of 2024. 11. It is for the petitioner, who had already requested the Joint Commissioner / first respondent to pass appropriate orders as expeditiously as possible, knowing fully well that the temple festival is scheduled during the 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 Tamil month of Aadi. The petitioner cannot approach this Court at the eleventh hour and seek to disturb the established arrangements. 12. In fact, given the advanced stage of preparations, the Joint Commissioner may also not be in a position to pass any effective order, even if this Court were to direct him to consider the interim application filed by the petitioner at such a belated stage. 13. Considering the above, this Writ Petition is liable to be dismissed. However, there shall be a direction to the Joint Commissioner / first respondent to pass appropriate orders in O.A. No. 17 of 2024 as well as in the interim application filed in connection with the ensuing festival scheduled for the year 2026, in accordance with law and after affording due opportunity to all concerned parties. 14. It shall be the endeavour of the first respondent to dispose of O.A. No.17 of 2024 within a period of six months from the date of receipt of copy of 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 this order. However, the petitioner may be permitted to participate in the Mandagapadi on 24.07.2025, without in any manner affecting or diluting the rights of the fourth respondent. 15. With the above said direction and liberty, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. 21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments, B-1 Road, Ellis Nagar, Madurai. 2.The Executive Officer, Sri Arulmigu Kallazhagar Thirukovil, Azhagar Kovil, Madurai. C.SARAVANAN, J. Indu 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19749 of 2025 W.P(MD) No.19749 of 2025 21.07.2025 10/10 https://www.mhc.tn.gov.in/judis