S.Thangadurai v. The Commissioner

ORDER The present Writ Petition has been filed directing the 1st respondent to condone the delay of 12 days in filing the appeal in SR No. 2579765 of 2026 before the HR and CE Commissioner and to take the same on file.

¶2The petitioner claims hereditary rights to the post of Periya Poojari of Arulmigu Palla Karuppasamy Temple, Vagurani Village, Usilampatti Taluk, Madurai District. The second respondent, by order dated 31.12.2025, partly allowed the petition under Sections 63(e), 54 and 63(b) of the HR & CE Act by permitting the fourth respondent to function as Periya Poojari while rejecting the petitioner's claim. The petitioner received the impugned order only on

13.01.2026 through post and entrusted the matter to his counsel for filing an appeal. Owing to the delay on the part of the counsel, the statutory appeal could not be filed within the prescribed period of 60 days. The petitioner subsequently filed the appeal with a petition to condone the delay, which was returned. Page3 of 5 Aggrieved by the refusal to entertain the appeal on the ground of delay, the petitioner has filed the present writ petition seeking appropriate relief.

¶3Heard Mr.D.Yashwanth Rajan, learned Government Counsel appearing for respondents 1 and 2 and perused the materials placed before this Court.

¶4This Court is satisfied with the explanation offered by the petitioner and finds that sufficient cause has been shown for the condonation of delay. Though the delay is only 12 days, in order to afford the petitioner an opportunity to prosecute the statutory appeal on merits, the delay of 12 days in preferring the statutory appeal in SR No. 2579765 of 2026 is hereby condoned. Consequently, the first respondent is directed to take up the appeal, assign a regular number, if it is otherwise in order, and dispose of the same on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, as expeditiously as possible.

¶5With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. 22-07-2026 Asi Page4 of 5 To

¶1The Commissioner Office of the Commissioner, HR and CE Department, Chennai.

¶2The Joint Commissioner Office of the Joint Commissioner, HR and CE Department, Dindigul. WPoNo.o28277oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o28277oofo2026 22-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY S.Thangadurai S/o. Subbaiya, Pallapatti, E Kottapatti post, Peraiyur Taluk, Madurai district ..Petitioner(s) Vs 1. The Commissioner Office of the Commissioner, HR and CE Department, Chennai 2. The Joint Commissioner Office of the Joint Commissioner , HR and CE Department, Dindigul 3. Karuppaiya s/o. Sinnakaruppan, Vadukithiyan patti, E Kottapatti post, Peraiyur Taluk, Madurai district 4. Partheep Kalaivanan S/o. Karuppaiya, Vadukithiyan patti E Kottapatti post, Peraiyur Taluk, Madurai district ..Respondent(s) Page2 of 5 PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 1st respondent to condone the delay of 12 days in filing the appeal in SR No. 2579765 of 2026 before the HR and CE Commissioner and to take the same on file. For Petitioner(s): No appearance For Respondent(s): Mr.D.Yashwanth Rajan Government Counsel for R1 and R2