Krishnan Poosari vs The Commissioner
2024 Latest Caselaw 17452 Mad

Madras High Court

Krishnan Poosari vs The Commissioner on 3 September, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                             WP.No.4260 of 2023



                                     In the High Court of Judicature at Madras

                                                   Dated : 03.9.2024

                                                          Coram :

                                  The Honourable Mr.Justice N.ANAND VENKATESH

                                           Writ Petition No.4260 of 2023



                Krishnan Poosari                                             ...Petitioner
                                                            Vs
                1.The Commissioner, Hindu
                  Religious & Charitable
                  Endowment Department,
                  Nungambakkam, Chennai.

                2.The Assistant Commissioner,
                  Hindu Religious & Charitable
                  Endowment Department,
                  Kallakurichi District.

                3.Mr.K.Dhandapani                                            ...Respondents


                          PETITION under Article 226 of The Constitution of India praying

                for the issuance of a Writ of Mandamus directing the second

                respondent to conduct an inquiry on the application dated 03.11.2022

                submitted under Section 63(b) of the Hindu Religious and Charitable

                Endowment Act and to pass orders within a time frame.



                                  For Petitioner      :      Ms.R.Poornima
                                  For R1 & R2         :      Mr.K.Karthikeyan, GA
                                  For R3              :      served & no appearance

https://www.mhc.tn.gov.in/judis
                1/4
                                                                         WP.No.4260 of 2023



                                                    ORDER

This writ petition has been filed seeking for the issuance of a

Writ of Mandamus to direct the second respondent to consider the

application filed by the petitioner on 03.11.2022 under Section 63(b)

of the Hindu Religious and Charitable Endowment Act (for short, the

Act).

2. Heard the learned counsel for the petitioner and the learned

Government Advocate appearing for respondents 1 and 2. Though the

third respondent was served and his name printed in the cause list,

none appears on behalf of him nor the third respondent is present

before this Court.

3. The petitioner made an application before the second

respondent under Section 63(b) of the Act to recognize the petitioner

as the hereditary poosari of Arulmighu Mariyamman Thirukovil at

Ma.Kunnathur Village, Kallakurichi District. Since the said application

has not yet been considered, the above writ petition has been filed.

4. In the first place, the very concept of hereditary poosari was

done away with pursuant to the judgment of the Apex Court in the

case of Seshammal Vs. State of Tamil Nadu [reported in 1972 https://www.mhc.tn.gov.in/judis

(2) SCC 11]. That apart, an application under Section 63(b) of the

Act is maintainable only before the Joint Commissioner concerned

whereas the application has been submitted by the petitioner before

the Assistant Commissioner. In view of the above, this Court does not

find any merits in this writ petition and the relief sought for by the

petitioner cannot be granted.

5. Accordingly, the above writ petition is dismissed. No costs.

03.9.2024 To

1.The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Kallakurichi District.

RS

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

N.ANAND VENKATESH,J

RS

03.9.2024

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