The petitioner challenged a notice by the Joint Commissioner altering a temple festival's timing. The Court held that Section 63 of the HR and CE Act permits subsequent modification of orders, rejecting the functus officio argument. The Court directed the Joint Commissioner to hear the parties before passing appropriate orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.2583 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD).No.2583 of 2025 and
W.M.P.(MD)Nos.1827 and 1828 of 2025
Ayyappan
...Petitioner
Vs
Hindu Religious and Charitable Endowments Department, Secretariat, St.George,
Chennai.
Sivagangai District.
Arulmighu Sri Koothadi Muthuperiya Nayaki Ammal Koil Thalaiyoor, Devakottai Taluk, Sivagangai District.
4. Malayandi,
Trustee
Arulmighu Sri Koothadi Muthuperiyanayaki Amman Koil, Devakottai Taluk, Sivagangai District.
1/5
W.P.(MD).No.2583 of 2025
Prayer:
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings issued by the second respondent vide Na.Ka.No. 5014/2024/A2 dated 21.01.2025 and quash the same as illegal and unconstitutional and consequently direct the first respondent only to decide the merits of the representation dated 06.01.2025 sent by the fifth respondent.
For Petitioner : Mr.A.Shajahan
For R-1 and R-2 : Mr.P.Subbaraj Special Government Pleader
O R D E R
Heard Mr.A.Shajahan, learned counsel for the petitioner and
Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 and 2.
respondent dated 21.01.2025 and consequently direct the first respondent only to decide the merits of the representation dated 06.01.2025 sent by the fifth respondent.
2/5
W.P.(MD).No.2583 of 2025
W.P.(MD).No.2583 of 2025
There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
29.01.2025
NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 30.01.2025.
To:
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Secretariat, St.George, Chennai.
Sivagangai District.
Arulmighu Sri Koothadi Muthuperiya Nayaki Ammal Koil Thalaiyoor, Devakottai Taluk, Sivagangai District.
Arulmighu Sri Koothadi Muthuperiyanayaki Amman Koil, Devakottai Taluk, Sivagangai District.
4/5
W.P.(MD).No.2583 of 2025
K.KUMARESH BABU, J.
Nsr
W.P.(MD).No.2583 of 2025
29.01.2025
1 issue framed by the court
Whether the Joint Commissioner became functus officio after passing an order on customary usage and thus lacked authority to modify festival timings.
2 provisions across 2 enactments
Ayyappan
The Commissioner, Hindu Religious and Charitable Endowments Department
The Joint Commissioner, Hindu Religious and Charitable Endowments Department
The Executive Officer, Arulmighu Sri Koothadi Muthuperiya Nayaki Ammal Koil
Malayandi, Trustee
Durairaj
K.Kumaresan Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
