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2025 Supreme(Online)(Mad) 67357

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
S.Krishnaveni – Appellant
Versus
The Joint Commissioner, Hindu Religious Charitable Endowments Admn. Department, Tiruppur – Respondent
Writ Petition | W.P.No.38902 of 2025



Advocates:
For the Appellants/Petitioners: Mr.T.S.Vijaya Raghavan
For the Respondents:Mr.K.Karthekeiyan, Government Advocate

The court emphasizes the proper processing of applications under religious endowment law, ensuring timely consideration of merits.

Headnote:This Writ Petition, filed under Article 226 of the Constitution, challenges an order dated 24.09.2025 and seeks to direct the respondent to take on file an Original Application under Section 63(a) of the Tamil Nadu HR & CE Act. The court found that the application was returned improperly and previously directed the respondent to consider it on merits. The court ordered the petitioner to re-present the application within two weeks, and the respondent is to decide on merits within three months.

Table of Content
1. examining the procedural pathway of the application under the hr & ce act. (Para 2 , 3 , 4)
2. court's directive for timely processing and adjudication of the application. (Para 5)

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Krishnaveni ... Petitioner Vs.

The Joint Commissioner, Hindu Religious Charitable Endowments Admn. Department, Tiruppur. ... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to Writ of Certiorarified Mandamus, quash the order dated 24.09.2025 made in A.Thi Mu.No.644/2025/A3 and consequently direct the respondent to number and take on file the Original Application dated 21.01.2025 filed under Section 63(a) of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 in respect of Arulmighu Periya Sellandiyamman Temple, Chickanapuram Village, Chinnakkampalayam, Dharapuram Taluk, Tiruppur District, take the same on file.

For Petitioner : Mr.T.S.Vijaya Raghavan For Respondent : Mr.K.Karthekeiyan, Government Advocate

O R D E R

Heard Mr.T.S.Vijaya Raghavan, the learned counsel for the petitioner and Mr.K.Karthekeiyan, the learned Government Advocate appearing for the respondent.

2.This Writ Petition has been filed challenging the order dated

24.09.2025 and consequently seeking a direction to the respondent to number and take on file the Original Application dated 21.01.2025, filed under Section 63(a) of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 (hereinafter referred to as 'the HR & CE Act' for short), in respect of Arulmighu Periya Sellandiyamman Temple, Chickanapuram Village, Chinnakkampalayam, Dharapuram Taluk, Tiruppur District and to take the same on file.

3. The learned counsel for the petitioner submits that the petitioner had filed an application under Section 63(a) of the HR & CE Act. The said application was not numbered and was repeatedly being returned, which necessitated the petitioner to approach this Court in W.P.No.38902 of

2025 and by order dated 16.10.2025, this Court directed the petitioner to rectify the defect and re-present the application, if already not re- presented. Upon such re-representation, the respondent was directed to number the application and dispose of the same within a period of twelve weeks from the date of receipt of a copy of that order.

4. In effect, this Court directed the appeal to be considered on merits and in accordance with law. However, it appears that on 17.10.2025, subsequent to the disposal of the writ petition by this Court, the Original Application under Section 63(a) of the HR &CE Act was returned to the petitioner as if an order had been passed even as early as 24.09.2025. The respondent did not bring to the notice of this Court that an order had already been passed on 24.09.2025, when the writ petition was disposed of on 16.10.2025 and admittedly, the papers were despatched only after the order came to be passed by this Court.

5. In the light of the above, I am inclined to dispose of this Writ Petition, directing the petitioner to re-present the Original Application under Section 63(a) of the HR &CE Act within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the respondent shall number the application and proceed to dispose of the same on merits and in accordance with law, within a period of three months thereafter. No costs.

19.11.2025 Index : Yes/No Neutral Citation : Yes/No Speaking/Non-Speaking Order kv Note: Registry is directed to return the Original Application dated 21.01.2025 forthwith under written acknowledgment after retaining a copy of the same for record.

To The Joint Commissioner, Hindu Religious Charitable Endowments Admn. Department, Tiruppur.

P.B.BALAJI, J.

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