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2025 DAILYLAW 184445 (MAD)

Ramachandran v. The Joint Commissioner,

WP(MD)/33621/2025 · 2025-11-24

G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.33621 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.33621 of 2025 Ramachandran ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious Charitable Endowment Department, Thoothukudi District. 2.The Assistant Commissioner, Hindu Religious Charitable Endowment Department, Tenkasi District. 3.The Executive Officer, Arulmigu Periyasamy Ayyanar Kovil, Krishnapuram, Kadaiyanallur Taluk, Tenkasi District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondent to direct the 3rd respondent to issue receipt in the name of 4th Sponsor (4-Kattalaitharar) during all the festivals of Periyasamy Ayyanar Temple situated at Krishnapuram, Tenkasi District in the name of Thandavan Vagaiyara of five villages namely Sakkarakulam, Vellankulam, Oothangkulam, Aandarkulam and Uchipothai in respective village by considering the petitioner representation dated 18.11.2025. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.33621 of 2025 For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.P.Subbaraj Special Government Pleader for R1 & R2 : Mr.S.Manohar for R3 ORDER Heard both sides. 2. The case on hand pertains to Masi Sivarathiri festival of Sri Periyaswamy Ayyanar Temple, Chokkampatti, Kadaiyanallur. 3. The petitioner states that 4th Kala poojai is conducted by Thandavan Servai Vagaira Thevar hailing from as many as five villages namely Vellankulam, Sakkarakulam, Oothangulam, Andarkulam & Uchipothaikulam. The petitioner's grievance is that an influential individual from a particular village ie., Vellankulam had obtained receipt for conducting the 4th Kala poojai. The petitioner apprehends that based on this receipt, Vellankulam villagers may even claim precedence. 4. The question that calls for consideration is whether the event that is 4th Kala Poojai is to be celebrated jointly by the five villages or Vellankulam village can be given any precedence. This issue has to be decided by the first 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.33621 of 2025 respondent. 5. In fact, this jurisdiction is vested only with the first respondent under Section 63 of HR & CE Act. Though the petitioner has given only a representation dated 18.11.2025, it can be considered as an application under Section 63 of the Act. Notice will be issued to all the villagers of Vellankulam. A formal order shall be passed by the first respondent well before the festival date regarding the manner of conducting the event. The first respondent has to pass a speaking order. The petitioner states that the event is to be held on 15.02.2026. The order as mentioned above shall be passed on or before 05.02.2026. 6. The writ petition is disposed of accordingly. No costs. 24.11.2025 Index : Yes / No Internet : Yes/ No rmi To 1.The Joint Commissioner, Hindu Religious Charitable Endowment Department, Thoothukudi District. 2.The Assistant Commissioner, Hindu Religious Charitable Endowment Department, Tenkasi District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.33621 of 2025 G.R.SWAMINATHAN, J. rmi W.P(MD)No.33621 of 2025 24.11.2025 4/4 https://www.mhc.tn.gov.in/judis