Madras High Court
Selvaraj Servai vs The Joint Commissioner on 8 October, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.27853 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.27853 of 2025
and
W.M.P.(MD)Nos.21629 and 21630 of 2025
1.Selvaraj Servai
2.Karuppaiah Servai
3.Ramaiah Ambalam ... Petitioners
Vs.
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Thanjavur District.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Pudukkottai District.
3.The Circle Inspector,
Hindu Religious and Charitable
Endowments Department,
Pudukkottai District.
4.The Hereditary Trustee,
Arulmighu Shri Senbagasastha
Ayyanar Temple,
Nambooranipatti,
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W.P(MD)No.27853 of 2025
Thirumayam Taluk,
Pudukkottai District.
5.The Special Officer/Executive Officer
Arulmighu Shri Senbagasastha
Ayyanar Temple,
Nambooranipatti,
Thirumayam Taluk,
Pudukkottai District.
6.Karuppaiah ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the impugned order passed by the
5th respondent dated 25.09.2025 and quash the same as illegal and
consequently direct the respondents 1 to 5 to ensure the conduct of
Puravi Eduppu festival of Shri Arulmighu Poorana Pushkala Samedha
Senbagha Sathan Ayyanar Temple and its Parivara Theivangals situate at
Nallambal Samuthiram Village, Thirumayam Taluk, Pudukkottai District
by following the direction already given in W.P. (MD)No.23858 of 2025
dated 02.09.2025 and the order of the 1st respondent in
Na.Ka.No.9373/2025/E3 dated 21.08.2025 and permit the 6th respondent
and his men to bring the terracotta items like bulls and mathalais alone
except terracotta horses.
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W.P(MD)No.27853 of 2025
For Petitioner : Mr.K.Baalasundharam, Senior Counsel,
For M/s.KBS Law Office.
For Respondents : Mr.P.Subbaraj,
Spl. Government Pleader for R1 to R3.
Mrs.J.Anndhavalli for R4
Mr.S.Shanmugam for R5.
Mrs.M.Benazir Begaum for R6
ORDER
Heard both sides.
2.The case on hand pertains to holding of the annual temple festival of Nambooranapatti Village. The date of the event is yet to be finalized. According to the sixth respondent herein, on behalf of 84 villages surrounding Nambooranapatti, the devotees can carry terracotta horses. This is contested by the hereditary trustees as well as the residents of Nambooranapatti. According to them, only five terracotta horses representing three villages will be carried. When Karuppaiya / sixth respondent herein took the matter to the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, the Joint Commissioner vide communication dated 21.08.2025 merely indicated 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 01:16:30 pm ) W.P(MD)No.27853 of 2025 the information furnished by the hereditary trustees. In other words, the Joint Commissioner did not adjudicate the issue. This was put to challenge by Karuppaiya / sixth respondent in W.P.(MD)No.23858 of 2025. The said writ petition was disposed of on 02.09.2025 in the following terms:-
“2.The case on hand pertains to conduct of the annual temple festival at Nambooranapatti. The petitioner claims to represent 84 villages surrounding Nambooranapatti. The learned counsel for the petitioner raises quite a few issues which have to be established only before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur District under Section 63 of the Hindu Religious and Charitable Endowments Act. The said liberty is given.
3.I make it clear that participation of the writ petitioner and his kinsmen cannot be prevented by any of the respondents. The petitioner and his kinsmen are also permitted to offer terracotta items as mentioned in the impugned proceedings dated 21.08.2025.
4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.” 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 01:16:30 pm ) W.P(MD)No.27853 of 2025
3.Thereafter, the Executive Officer passed an order dated 25.09.2025 permitting Karuppaiya / sixth respondent and his kinsmen from carrying terracotta horses, Bull and Mathalai. Challenging the said communication, this writ petition has been filed.
4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur in her communication dated 21.08.2025 had made it clear that on behalf of three villagers, only five terracotta horses will be taken and that the others in order to fulfil their vows would take Bulls and Mathalais. In the order dated 02.09.2025, I had only stated that even while relegating Karuppaiya / sixth respondent to go before the Joint Commissioner under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, I had permitted Karuppaiya / sixth respondent and his kinsmen to offer terracotta items as mentioned in the proceedings dated 21.08.2025. It only mentions Bulls and Mathalais (fhisfs; kw;Wk; kjiyfs;). I fail to understand as to why, the Executive Officer permitted Karuppaiya / sixth respondent to carry all terrocotta items. To this extent, the impugned order dated 25.09.2025 is set aside.
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5.I make it clear that the contentions of both the parties are left open. It is always open to Karuppaiya / sixth respondent herein to go before the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur by filing an application under Section 63 of the of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. As and when, such an application is filed, if not already filed, the same shall be disposed of on merits and in accordance with law within a period of six months thereafter. In any event, the issues shall be fully adjudicated and decided well before the next year's celebration is conducted by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.
6.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
08.10.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
Issue order copy on 15.10.2025 immediately.
6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 01:16:30 pm ) W.P(MD)No.27853 of 2025 To:
1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur District.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Pudukkottai District.
3.The Circle Inspector, Hindu Religious and Charitable Endowments Department, Pudukkottai District.7/8
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ias W.P(MD)No.27853 of 2025 08.10.2025 (2/2) 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 01:16:30 pm )