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2025 DAILYLAW 53575 (MAD)

ANANDAN S v. THE COMMISSIONER

WP/15472/2025 · 2025-04-30

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.15472 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.15472 of 2025 1. S. ANANDAN 2. NEELAVENI ... Petitioners 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 allot specific time for the petitioners to perform poojas from July 2025 to June 2026 in the 3rd clans based on the representation of the petitioners dated 04.03.2025. 1/5 https://www.mhc.tn.gov.in/judis W.P.No.15472 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 allot specific time for the petitioners to perform poojas from July 2025 to June 2026 in the 3rd clans based on the representation of the petitioners dated 04.03.2025. 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 respondents should permit the petitioners to perform pooja from July 2025 to June 2026 in the 3rd clans. 3. When the matter came up for admission, the learned counsel appearing for the petitioner submitted that there is no fixed time limit already 2/5 https://www.mhc.tn.gov.in/judis W.P.No.15472 of 2025 in place. However, since the petitioners are claiming a customary right, it is for them to move 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 04.03.2024 before the Joint Commissioner. 4. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioners 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 them, 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. (ii) As and when the said application is received, it shall be dealt with in accordance with law by issuing notice to the petitioners 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 3/5 https://www.mhc.tn.gov.in/judis W.P.No.15472 of 2025 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.15472 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.No.15472 of 2025 30.04.2025 1/2 5/5 https://www.mhc.tn.gov.in/judis