M.Gunasekar v. The Commissioner

ORDER Heard Mr. K.Prabhakaran, learned counsel for the petitioner and Mr. NRR. Arun Natarajan, learned Special Government Pleader appearing for the respondents.

¶2The Writ Petition has been filed in the nature of a Certiorarified Mandamus calling for the impugned order in Na.Ka.No.325/2025-6/E2/dated 04.07.2025 on the file of 3rd respondent and quash the same as illegal and directing the respondents to allot and recognise one day in the annual Panguni Uttara Thiruther festival of 4th respondent's temple to the Devendrakula Vellalar community, enabling them to perform special worship, pull the chariot, organise artistic/cultural programs, and conduct special events, on par with other communities and to appoint representatives from the Devendrakula Vellalar community as part of the temple festival committee by considering the petitioner's representation dated 26.06.2025.

¶3The learned counsel for the petitioner would submit that 12 day festival has been assigned to various communities and there has been clear discrimination in not considering the request of the petitioner; there are certain days when two communities are allocated and allows to participate in the celebrations, and similarly the petitioner can also be accommodated in any of the 12 days or atleast the function can be extended by one additional day and on that day, the petitioner community can be given an opportunity to perform special worship, pull the chariot, organise artistic/cultural programs, and conduct special events.

¶4The learned Special Government Pleader would submit that there is no discrimination on the basis of caste and all the 12 days have been allocated based on Kattalai and for more than two decades, there has been no change in the Kattalai and therefore, there is no possibility to allocate one day as requested by the petitioner. He would further submit that it is always open to the petitioner to make a request under Section 63(e) of the Tamilnadu Hindu Religious and Chairtable Endowments Act 1959 and the petition can be disposed of after hearing all the interested parties by the third respondent.

¶5The learned counsel for the petitioner would bring to my notice that already a representation has been given to the third respondent on 26.06.2025 and the petitioner has set out the reasons for allotting one day in the 12 days festival to the petitioner.

¶6In the light of the above, I am inclined to dispose of the Writ Petition giving liberty to the petitioner to make an application under Section 63(e) of the Tamilnadu Hindu Religious and Chairtable Endowments Act, 1959 to the third respondent / Joint Commissioner, Hindu Religious and Charitable Endowment, Arulmigu Kottai Mariamman Temple Campus, Salem – 636 001 within a period of one week from the date of receipt of a copy of this order.

¶7The third respondent shall not reject the application filed by the petitioner and treating it as one in the "otherwise" category, and after hearing all the parties, the third respondent shall pass final orders on the said application, within a period of three months from the date of such application being made to the third respondent.

¶8Accordingly, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition stands closed. No costs.

27.10.2025 vsg

Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To

¶1The Commissioner Hindu Religious and Charitable Endowment No.119, Uthamar Gandhi Salai Nungambakkam, Chennai – 600 034.

¶2The Deputy Commissioner Hindu Religious and Charitable Endowment Arulmigu Kottai Mariamman Temple Campus, Salem – 636 001.

¶3The Joint Commissioner Hindu Religious and Charitable Endowment Arulmigu Kottai Mariamman Temple Campus, Salem – 636 001.

¶4The Executive Officer Hindu Religious and Charitable Endowment Arulmighu Sri Balasubramaniya Swamy Thirukovil Vedachennaimalai, Thalaivasal Taluk, Salem District. P.B.BALAJI, J., vsg W.P.No. 39592 of 2025 And W.M.P.No. 44478 of 2025

27.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.10.2025 CORAM THE HONOURABLE MR. JUSTICE P.B.BALAJI W.P.No. 39592 of 2025 And W.M.P.No. 44478 of 2025 M.Gunasekar ... Petitioner ..Vs.. 1. The Commissioner Hindu Religious and Charitable Endowment No.119, Uthamar Gandhi Salai Nungambakkam, Chennai – 600 034. 2. The Deputy Commissioner Hindu Religious and Charitable Endowment Arulmigu Kottai Mariamman Temple Campus, Salem – 636 001. 3. The Joint Commissioner Hindu Religious and Charitable Endowment Arulmigu Kottai Mariamman Temple Campus, Salem – 636 001. 4. The Executive Officer Hindu Religious and Charitable Endowment Arulmighu Sri Balasubramaniya Swamy Thirukovil Vedachennaimalai, Thalaivasal Taluk, Salem District. ...Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the impugned order in Na.Ka.No.325/2025-6/E2/dated 04.07.2025 on the file of 3rd respondent and quash the same as illegal and directing the respondents to allot and recognise one day in the annual Panguni Uttara Thiruther festival of 4th respondent's temple to the Devendrakula Vellalar community, enabling them to perform special worship, pull the chariot, organise artistic/cultural programs, and conduct special events, on par with other communities and to appoint representatives from the Devendrakula Vellalar community as part of the temple festival committee by considering the petitioner's representation dated 26.06.2025 and grant such other relief. *** For Petitioner :: Mr. K.Prabhakaran For Respondents :: Mr. NRR. Arun Natarajan Special Government Pleader