G.Mahendran v. The Commissioner

Order This writ petition have been filed for a direction to the 1st respondent to dispose of the appeal filed by the petitioner.

¶2Mr.D.Yashwanth Rajan, learned Government's counsel, takes notice on behalf of the respondents.

¶3By consent of the parties, the main petition is taken up for disposal at the stage of admission itself.

¶4The learned counsel for the petitioner would submit that in this case, the petitioner's ancestors and family members are performing pooja in at the subject Temple. Under these circumstances, without impleading the petitioner, the private respondents, who are petitioner's father and brother, had obtained an order dated 18.06.2024 passed by the 1st respondent, whereby the petitioner was restricted from entering into the subject Temple. The petitioner came to know about the said order only on 28.04.2026 and thus, immediately, he filed an appeal against the said order on 14.05.2026 with a delay of 667 days. However, Page3 of 6 the said appeal was returned by the respondents on the aspect of limitation. Hence, this petition.

¶5In reply, the learned Government's counsel appearing for the respondents had confirmed the submissions made by the petitioner and requests this Court to pass appropriate orders.

¶6Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶7In the case on hand, the petitioner's ancestors and family members are performing pooja at the subject Temple. However, without impleading the petitioner, who is a necessary party, the private respondent, viz., petitioner's father and brother, had obtained an order dated 18.06.2024 and citing the said order, they prevented the petitioner from entering into the Temple. Aggrieved over the same, an appeal was belatedly preferred by the petitioner on

14.05.2026, i.e., with a delay of 667 days. Since the delay was beyond the condonnable period, the said appeal was returned by the respondent vide impugned order dated 23.06.2026. According to the petitioner, he was not impleaded as a party in the above order, due to which, no notice was issued and no order copy was served to him by the 1st respondent. Further, it was submitted that the petitioner came to know about the said order only on 28.04.2026. Page4 of 6

¶8The above reasons assigned by the petitioner, for the delay in filing the appeal against the order, appears to be genuine. In such view of the matter, this Court is inclined to condone the delay, in filing an appeal against the order dated 18.06.2024. Accordingly, this Court passes the following order:

i) The impugned order dated 23.06.2026 is set aside and the delay of 667 days in filing the appeal against the order is hereby condoned.

(ii) The petitioner is directed to re-present the appeal dated

14.05.2026 before the 1st respondent. Upon receipt of the same, the 1st respondent shall take the appeal on record and pass appropriate orders, on merits and in accordance with law, after providing sufficient opportunity to the petitioner, as expeditiously as possible.

¶9With the above directions, this writ petition is disposed of. No costs. 15-07-2026 Index: Yes/No Speaking/Non-speaking order nsa Page5 of 6 To

¶1The Commissioner o/o.Department of Hindu Religious and charitable Endowment, 119, Uthamar Gandhi Road, Thousand Light West, Nungambakkam, Chennai-600 034

¶2The Joint commissioner o/o.Department of Hindu Religious and charitable Endowment, Seelapadi Mahalakshmi Nagar, Seelapadi, Dindigul-624 005 WPoNo.o27218oofo2026 KRISHNANoRAMASAMYoJ. nsa WPoNo.o27218oofo2026 15-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY G.Mahendran S/o.Gurusamy, Poosaripatti, Karumathur Post, Usilampatti Taluk, Madurai District. ..Petitioner(s) Vs 1. The Commissioner o/o.Department of Hindu Religious and charitable Endowment, 119, Uthamar Gandhi Road, Thousand Light West, Nungambakkam, Chennai-600 034 2. The Joint commissioner o/o.Department of Hindu Religious and charitable Endowment, Seelapadi Mahalakshmi Nagar, Seelapadi, Dindigul-624 005 ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to take the appeal returned in N.Dis. No.2857212/ 2026/ D2, dated 23.06.2026 on his file and number the same and dispose of the same in accordance with law within the time frame fixed by this Honble Court Page2 of 6 For Petitioner(s): Ms.M.Muthu Yazhini For Respondent(s): Mr.D.Yashwanth Rajan, Govt. counsel