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2026 Supreme(Online)(Mad) 34945

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
B.R.P.Tamilselvam – Appellant
Versus
The Additional Commissioner (Enquiry), Hindu Religious and Charitable Endowments Department – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.K.Rajeshwaran
For the Respondents: Mr.M.Sarangan Additional Government Pleader

Writ court cannot adjudicate rival hereditary rights to temple honors; must approach statutory authority under Section 63 TNHRCE Act.

Headnote:Under Article 226 of the Constitution of India and Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the petitioner sought permission to conduct a traditional temple festival, claiming hereditary rights without rival claims. The court noted the existence of rival claims among legal heirs and refused to adjudicate the private right in writ jurisdiction. The primary finding was that such disputes require statutory determination by the competent authority with notice to all parties. The key issue was whether the High Court could direct festival permission absent resolution of rival claims. The ratio decidendi held that writ court cannot decide evidentiary matters on hereditary rights under Section 63 of the Act, directing the petitioner to approach the Joint Commissioner for adjudication. The Writ Petition is disposed of, permitting application under Section 63 before the second respondent for expeditious decision.

Table of Content
1. respondents cite rival claims requiring statutory process (Para 4)
2. writ court directs application under section 63 for adjudication (Para 5)

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 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

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.

2. According 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.

3. The 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.

4. Per 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 underSection 63of theTamil Nadu Hindu Religious and Charitable Endowments Act, 1959(hereinafter referred to as ‘the H.R. & C.E. Act’), permission cannot be granted.

5. In 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.

6. Therefore, 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.

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

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