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2025 DAILYLAW 52071 (MAD)

ROJA v. THE COMMISSIONER

WP/14404/2025 · 2025-04-23

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.14404 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.14404 of 2025 ROJA ... Petitioner Vs 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, NO. 119, UTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034. 2. THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, VILLUPURAM DISTRICT, VILLUPURAM - 605 602. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, VILLUPURAM DISTRICT, VILLUPURAM - 605 602. 4. THE EXECUTIVE OFFICER / THE FIT PERSON ARUMIGU SRI DRAUPATHI AMMAN ALAYAM, MARAKKANAM, VILLUPURAM DISTRICT - 604 303. 5. THE TAHSILDHAR, MARAKKANAM TALUK, VILLUPURAM DISTRICT. 6. THE EXECUTIVE OFFICER, MARAKKANAM TOWN PANCHAYAT, MARAKKANAM TALUK, VILLUPURAM DISTRICT - 604 303. 1/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 7. S. ANBAZHAGAN GOUNDER 8. S. JAYARAMAN GOUNDER 9. ANNIYUR SIVA 10. R. ANANDAN CHETTIYAR 11. S. PALANI 12. B. NAGARAJ 13. R. SARVESHKUMAR 14. S. MANNATHAN 15. J. MANIKANDAN 16. V. GANASEKARAN 17. N. RAAJI CHETTIYAR 18. M. NEELAMEGAN PILLAI 19. S. PARASURAMA GOUNDER 20. P. ELUMALAI MUDALIYAR 21. M. K. ARULJOTHI ACCHARI 22. G. SUBRAMANIYAN YADHAV 23. R. ELAVARASU GOUNDER 24. NALLAR G. SHANMUGA MUDALIYAR 25. P.S. VENKATESA CHETTIYAR 26. P. BHARATH KUMAR 27. K. JEYARAMAN NAIDU 28. E. RAMESH GOUNDER 29. T. SUGUMAR GIRAMANI 2/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 30. S. SELVARAJ GOUNDER 31. MAS. AANADH GIRAMANI 32. K. NAGARATHINA JOTHI ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direction to the respondents 1, 2 and 4 to consider the representation of the petitioner dated 10.04.2025 with in the time frame as may be fixed by this Court and direct the Hindu Religious and Charitable Endowments Department Officials with regard to conduct the annual festival in the Tamil Chithirai and Vaikasi of this year to Arulmigu Sri Draupathi Amman Alayam, Marakkanam, Marakkanam Taluk, Villupuram District. For Petitioner : Mr.A.V.Arun For R1 to R4 : Mr.S.Ravichandran Additional Government Pleader For R5 & R6 : Mr.A.Anandan Government Advocate ORDER The prayer in the writ petition is to direct respondents 1 to 4 to consider the petitioner’s representation dated 10.04.2025. 2. Upon hearing the learned counsel appearing on either side, it is seen that the petitioner has made a representation on 10.04.2025. Upon perusal thereof, it can be seen that the petitioner is claiming a customary right which 3/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 was hitherto exercised by her father. The petitioner has already filed an application to frame a scheme for the temple and even the customer rights will be taken care of at the time of framing of the scheme. It is stated that the claim of the petitioner was rejected and as against which, the appeal is filed before the first respondent and the same is pending. 3. Therefore, the first respondent shall consider the said appeal in A.P.No.185 of 2024 and pass orders thereon in accordance with law within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. 4. Another grievance is raised with reference to the current years conduct of the festival. It can be seen that the name of the fit person has published in a public notice in respect of the current year festival by simply mentioning the name of Ubayatharargal without naming anybody. I do not see any illegality in respect thereof. It would be appropriate to print the invitation in that manner so as to avoid any heartburn to any person whatsoever. 5. The learned counsel appearing for the petitioner would then submit 4/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 that the names of the Ubayatharar are not spelt out and when the fit person is conducting the festival, any person who want to be Ubayatharar, sponsors the things or money for the expenses, they must be permitted. It is made clear that if the petitioner also wants to become an Ubayatharar, it will be open to him to approach the fit person and fit person can accept any contribution from the petitioner. 6. With the above observations for this year and with the direction to dispose of the appeal, this writ petition stand disposed of. No costs. 23.04.2025 Neutral Citation: Yes/No nsl To 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, NO. 119, UTHAMAR GANDHI ROAD, NUNGAMBAKKAM, CHENNAI - 600 034. 2. THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, VILLUPURAM DISTRICT, VILLUPURAM - 605 602. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMN) DEPARTMENT, 5/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 VILLUPURAM DISTRICT, VILLUPURAM - 605 602. 4. THE EXECUTIVE OFFICER / THE FIT PERSON ARUMIGU SRI DRAUPATHI AMMAN ALAYAM, MARAKKANAM, VILLUPURAM DISTRICT - 604 303. 5. THE TAHSILDHAR, MARAKKANAM TALUK, VILLUPURAM DISTRICT. 6. THE EXECUTIVE OFFICER, MARAKKANAM TOWN PANCHAYAT, MARAKKANAM TALUK, VILLUPURAM DISTRICT - 604 303. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.14404 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.No.14404 of 2025 23.04.2025 7/7 https://www.mhc.tn.gov.in/judis