Disposed¶27

Ayyappan S v. The Commissioner

Writ of Mandamus – Temple name – Removal of community name

Madras HC9 Jun 2025WP(MD)/15514/2025

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What is this about?

Temple community name removal; Sri Yadavar Uchimakali Amman Kovil, Melapalayam Kuruchi, Tirunelveli; Hindu Religious & Charitable Endowments (HR&CE) authorities; writ of mandamus under Article 226; maintainability of writ petition during pendency of statutory proceedings; exhaustion of alternative remedy; O.A.No.2 of 2023 before Joint Commissioner; representation dated 04.04.2025; writ petition disposed of, no costs; Madurai Bench of Madras High Court; S.M. Subramaniam, J. and A.D. Maria Clete, J.

What did the court decide?

When statutory proceedings are pending before the competent authority, the writ petition is not maintainable; the petitioner must exhaust the remedy available before the competent authority before approaching the Court. ¶23

Ayyappan S Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.15514 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.15514 of 2025

S.Ayyappan

... Petitioner

Vs.

1.The Commissioner, Hindu Religious & Charitable Endowments, No.119, Uthamar Gandhi Salai, Aayiram Vilakku West, Nungampakkam, Chennai-600 034.

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2.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious & Charitable Endowments, Tirunelveli-627 002.

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3.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious & Charitable Endowments, Palayamkottai, Tirunelveli-627 002. ...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the community name of

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15514 of 2025

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the temple, namely, Sri Yadavar Uchimakali Amman Kovil situated at Melapalayam Kuruchi, Tirunelveli District based on the petitioner's representation dated 04.04.2025 within stipulated time fixed by this Court.

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For Petitioner : Mr.M.Perumal For Respondents : Mr.P.Subbaraj, Special Government Pleader

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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With reference to the relief sought for in the present Writ Petition, the learned Special Government Pleader appearing for the respondents would submit that the issue, seeking removal of the community name of the temple, namely, Sri Yadavar Uchimakali Amman Kovil situated at Melapalayam Kuruchi, Tirunelveli District, is now sub judice before the 3^rd respondent in O.A.No.2 of 2023.

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2.When the statutory proceedings are pending before the competent authority, this Writ Petition is not maintainable. Thus, the petitioner has to exhaust the remedy before approaching the Court of law. In any event, the 3^rd respondent may dispose of the application as expeditiously as possible on merits and in accordance with law and by affording opportunity of hearing to all the 2/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.15514 of 2025

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parties concerned and stakeholders. The petitioner is also at liberty to file a fresh application before the 3^rd respondent, if requires.

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3.With these observations, this Writ Petition stands disposed of. No

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costs.

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(S.M.S., J.) & (A.D.M.C., J.)