W.P.No.16429 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.16429 of 2025 S.VALLIAMMAL ... Petitioner Vs 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600 034. 2. THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, VILLUPURAM DISTRICT. 3. THE ASSISTANT COMMISSIONER/EXECUTIVE OFFICER, ARULMIGHU MELMALAYANUR ANGALAMMAN TEMPLE, MELMALAYANUR, VILLUPURAM. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third respondents to permit the petitioner to perform pooja by allotting specific time for her poojas and to provide their rightful share in the benefits based on the O.A.No.144 of 1968 and confirmed the order passed by the first respondent in R.C.No.211012/2023 D2/R.C.No.225456/2024 D2 and R.C.No.236118/2024 D2 dated 22.01.2024 and fixed a time framed comes from 01.07.2025 in the 3rd clan. 1/5 https://www.mhc.tn.gov.in/judis W.P.No.16429 of 2025 For Petitioner : Mr.K.Venkateswaran For R1 to R3 : Mr.K.Karthikeyan Government Advocate ORDER This writ petition is filed seeking a direction to the second and third respondents to permit the petitioner to perform pooja by allotting specific time for her poojas and to provide their rightful share in the benefits based on the O.A.No.144 of 1968 and confirm the order passed by the first respondent in R.C.No.211012/2023 D2/R.C.No.225456/2024 D2 and R.C.No.236118/2024 D2 dated 22.01.2024 and fixed a time framed comes from 01.07.2025 in the 3rd clan. 2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit, it is pleaded that the particular temple belongs to a particular caste. The same is not accepted. No caste can claim ownership of any temple. If the temple is a public temple, the poojas have to be performed by all devotees only. Be that as it may, the prayer is that the second and third respondents should permit the petitioner to perform pooja by allotting specific time 2/5 https://www.mhc.tn.gov.in/judis W.P.No.16429 of 2025 3. When the matter came up for admission, the learned counsel appearing for the petitioner submitted that there is no fixed time limit already in place. However, since the petitioner is claiming a customary right, it is for her to move before the Joint Commissioner under Section 63 of the Hindu Religious and Charitable Endowments Act, 1959. It is submitted that a representation has already been filed on 04.04.2025 before the Joint Commissioner. 4. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner can also make a fresh application under Section 63 of the Hindu Religious and Charitable Endowments Act, 1959 regarding any customary rights if any claimed by her, along with a copy of this order and enclosing the earlier representation, within two weeks from the date of receipt of the web copy of the order. 3/5 https://www.mhc.tn.gov.in/judis W.P.No.16429 of 2025 (ii) As and when the said application is received, it shall be dealt with in accordance with law by issuing notice to the petitioner and final orders shall be passed within a period of sixteen weeks from the date of filing of the application. No costs. 30.04.2025 Neutral Citation: Yes/No nsl To 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600 034. 2. THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, VILLUPURAM DISTRICT. 3. THE ASSISTANT COMMISSIONER/EXECUTIVE OFFICER, ARULMIGHU MELMALAYANUR ANGALAMMAN TEMPLE, MELMALAYANUR, VILLUPURAM. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.16429 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.No.16429 of 2025 30.04.2025 5/5 https://www.mhc.tn.gov.in/judis