B.R.P.Tamilselvam v. The Additional Commissioner, (Enquiry)

ORDER The Writ Petition is filed for issuance of a Writ of Mandamus directing the fourth respondent to permit the petitioner to conduct the 'Pal Kudam Peria Mandagapadi' festival scheduled on 17.05.2026 at Arulmigu Veppillai Mariamman Thirukoil, Manapparai Town and Taluk, Trichy District.

¶2According to the learned counsel for the petitioner, the petitioner has the right to conduct the said Mandagapadi and there is no rival claim. However, no permission has been granted so far, and hence, the petitioner is before this Court.

¶3The learned counsel also relied upon notices printed in respect of earlier years to submit that the festival has been conducted traditionally for several years and, therefore, the petitioner should be permitted to conduct the same. Page No.2 of 5

¶4Per contra, the learned Additional Government Pleader, taking notice on behalf of the respondents, submitted that there are several legal heirs in the same family and rival claims exist. Unless the petitioner establishes his right by filing an appropriate application under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the H.R. & C.E. Act'), permission cannot be granted.

¶5In view of the submission that rival claims exist, this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, cannot adjudicate the issue, as all concerned parties must be put on notice and the matter has to be decided in the manner known to law, based on evidence, by the jurisdictional Joint Commissioner, namely, the second respondent herein, under Section 63 of the H.R. & C.E. Act.

¶6Therefore, the petitioner is at liberty to file an application under Section 63 of the H.R. & C.E. Act before the second respondent claiming such right, and upon such application being filed, the same shall be considered and decided as expeditiously as possible, after putting all persons interested on notice. Page No.3 of 5

¶7Accordingly, the Writ Petition is disposed of. No costs.

17.04.2026

NCC : No smn2 To

1.The Additional Commissioner (Enquiry), Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thepakulathu Street, Kariya Maleeswarar Temple, Thiruvanaikovil, Trichy.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thepakulathu Street, Kariya Maleeswarar Temple, Thiruvanaikovil, Trichy.

4.The Executive Officer, Hindu Religious and Charitable Endowments Department, Manaparai Arulmigu Sri Veppilai Mariamman Temple, Manaparai, Trichy. Page No.4 of 5

D.BHARATHA CHAKRAVARTHY, J. smn2

17.04.2026 Page No.5 of 5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026 CORAM : THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY B.R.P.Tamilselvam ... Petitioner Vs. 1.The Additional Commissioner (Enquiry), Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thepakulathu Street, Kariya Maleeswarar Temple, Thiruvanaikovil, Trichy. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thepakulathu Street, Kariya Maleeswarar Temple, Thiruvanaikovil, Trichy. 4.The Executive Officer, Hindu Religious and Charitable Endowments Department, Manaparai Arulmigu Sri Veppilai Mariamman Temple, Manaparai, Trichy. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the fourth respondent to permit the petitioner to conduct the Pal Kudam peria Mandagapadi festival scheduled Page No.1 of 5 on 17.05.2026 in the Arulmigu Veppillai Mariamman Thirukoil, Manapparai Town and Taluk, Trichy District, within a period of stipulated by this Court. For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.M.Sarangan Additional Government Pleader