Madras High Court · 2025

Cont.P.No.2080 of 2025Ariyalur DistrictEnquiry Officers18.Seeralan,then Deputy Superintendent of Police,Jayankondam,Ariyalur District19.Vijayalakshmi,then Inspector of Police,Udayarpalayam Police Station,Ariyalur District(6th to 19th respondents suo motu impleadedas per the order of this Court made inCont.P.No.2080 of 2025 dated 16.07.2025)20.Arivuselvan,S/o.Desigan,Parukkal Village, Udayarpalayam Taluk,Ariyalur District(20th respondent impleaded as per orderdated 30.07.2025 made in Sub.Appl(OS).No.859 of 2025 inCont.P.No.2080 of 2025) ...RespondentsPRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents herein for willfully and wantonly violating the order of this Court dated 26.02.2025 in WP.No.6670 of 2025. For Petitioner: Mr.L.Poovendra Perumal3/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025For RespondentsFor R1 & 2 : Mr.M.Murali, Government AdvocateFor R3 & 4 : Mr.A.Gopinath, Government Advocate(crl.side)For R5: Mr.R.ThiyagarajanFor R6 to 12 : Mr.N.U.PrasannaFor R13,15 to 17 : M/s.Chithra Sampath, Senior Counsel M/s.C.JayachithraFor R14 : Mr.R.NalliappanFor R18&19 : No appearaneFor R20 : Mr.T.Mohan, Senior Counsel for Mr.M.Karthik ORDERThis contempt petition has been filed for non-compliance of the order passed in WP.No.6670 of 2025 dated 26.02.2025, thereby permitted one, V.Veeramani S/o.Velusamy, Parukkal Village, Udayarpalayam Taluk, 4/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025Ariyalur District who is a common person to both the parties to perform the daily pooja to the deity at the Kaliamman Temple, Parukkal Village, Udayarpalayam Taluk, Ariyalur District.2.This contempt petition has been filed by the said V.Veeramani on the ground that he is not permitted to conduct pooja and is objected by other parties. The aforesaid order came to be passed in the said writ petition filed by one, Desikan. The said Desikan is claiming to be the pujahari of the aforementioned Kaliamman Temple. The order was challenged by the said Desikan in the writ appeal in WA.No.1106 of 2025 and the Hon'ble Division Bench of this Court dismissed the writ appeal by order dated 09.04.2025, thereby confirming the order of this Court. The Hon'ble Division Bench also observed that mere affidavit filed in the writ petition is insufficient for the purpose of conferring any civil rights to any person and that being the principles to be followed, the writ court is absolutely right in relegating the parties to approach the civil court. Aggrieved by the same, the said Desikan also preferred Special Leave Petition before the Hon'ble Supreme Court of India and it was also dismissed by order dated 5/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 202521.07.2025. Even then, the contempt petitioner herein is not permitted to conduct pooja by the counter parties.3.In the meantime, one, Chandrasekaran filed writ petition in WP.No.13881 of 2025 before this Court for direction to respondents 2 to 4 therein to handover the gate key of the very same temple i.e. Arulmugu Kaliamman Temple to the petitioner therein to enable him to perform the daily pooja and other customary rituals by suppressing the earlier order passed in WP.No.6670 of 2025 dated 26.02.2025. This Court, by order order dated 21.04.2025, directed the Revenue Divisional Officer, Udayarpalayam, Ariyalur District to conduct enquiry and pass orders after giving opportunity of hearing to all the parties within a period of four weeks from the date of receipt of the order. In the meantime, the Inspector of Police, Udayarpalayam Police Station, Ariyalur District was directed to appoint a neutral person to conduct daily pooja in the temple. 4.Further, also the said Desikan's son one, Arivuselvan filed another writ petition before this Court in WP.No.17311 of 2025 for 6/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025direction to the Inspector of Police of Udayarpalayam Police Station to grant permission to conduct daily pooja of the very same temple i.e. Arulmigu Kaliamman Temple suppressing the order passed in WP.No.6670 of 2025 filed by his own father. This Court by order dated 22.05.2025 directed the Inspector of Police of Udayarpalayam Police Station to conduct enquiry on his representation after giving notice and opportunity of hearing to all the parties and to pass orders within a period of two weeks from the date of receipt of that order.5.However, both the Revenue Divisional Officer as well as the Inspector of Police of Udayarpalayam Police Station did not pass any order so far, since both the parties are not agreeing for any solution. 6.Heard, Mr.L.Poovendra Perumal, the learned counsel for the petitioner, Mr.M.Murali, the learned Government Advocate appearing for respondents 1 & 2, Mr.A.Gopinath, the learned Government Advocate(crl.side) appearing for respondents 3 & 4, Mr.R.Thiyagarajan, the learned counsel for the fifth respondent, Mr.N.U.Prasanna, the learned 7/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025counsel for respondents 6 to 12, M/s.Chithra Sampath, Senior Counsel appearing for respondents 13, 15 to 17, Mr.R.Nalliappan, the learned counsel for the fourteenth respondent and Mr.T.Mohan, the learned Senior Counsel appearing for the 20th respondent.7.On perusal of all the documents placed before this Court and also on the submissions made by the respective learned counsels for A party and B party, it is revealed that the said Arulmigu Kaliamman Temple is administered by four branches of Nattamaidars i.e. Arisikuthi Vahaiyara, Valavetti Vahaiyara, Erumaikara Vahaiyara and Pambukutti Vahaiyara. Now there are disputes between the Arisikuthi Vahaiyara, Pampukutti Vahaiyara and Valavetti Vahaiyara, Erumaikara Vahaiyara in respect of administering the said temple as well as conducting poojas. Therefore, there was law and order issue and as such, the fourth respondent locked the temple and now the temple is under lock and key. The four nattamaidars have now splitted into two groups as A party and B party. On behalf of A party, the respective counsels represented that the temple needs to be opened for conducting daily poojas, that too for the Tamil month of Aadi. 8/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025There are so many poojas to be conducted for the deity of the said Arulmigu Kaliamman Temple during the Tamil month of Aadi. They also agreed to conduct poojas by two persons from A party and two persons from B party. 8.The respective Senior Counsels appeared for the B party submitted that the common person already appointed by this Court is not a poojahari and he does not know how to conduct any pooja. Therefore, they insisted to appoint the persons those who are doing poojas for other temples situated in and around the said Kaliamman Temple. The representatives of A party and B party appeared before this Court and made allegations against each other in respect of administering the temple and also conducting pooja for the said temple. Finally, the B party also agreed to appoint two poojaharis suggested by their party along with two persons suggested by A party to perform daily pooja for the said Arulmigu Kaliamman Temple. 9.Considering the above, this Court is inclined to appoint the following persons to conduct daily poojas till the order passed by the Revenue Divisional Officer, Udayarpalayam, Ariyalur District for the said Arulmigu Kaliamman Temple:9/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025suggested by 'A' party(i) V.Veeramani S/o Velusamy, Parukkal Village, Udayarpalaym Taluk, Ariyalur District(ii)Kannan S/o Appadurai, Parukkal Village, Udayarpalaym Taluk, Ariyalur Districtsuggested by 'B' party(iii)V.Annadurai S/o.Venkatesan,, Parukkal Village, Udayarpalaym Taluk, Ariyalur District(iv) K.Sakthivel S/o.Kolanjinathan, Parukkal Village, Udayarpalaym Taluk, Ariyalur District10.Further, the above persons are permitted to conduct only the daily poojas without opening the locker or any other safety box, if any, kept inside the temple. The Inspector of Police of Udayarpalayam Police Station, Ariyalur District is directed to get the safety locker key and hand over the same to the Revenue Divisional Officer, Udayarpalayam, Ariyalur District. It is seen that enquiry is now pending before the Revenue Divisional Officer, Udayarpalayam, Ariyalur District and therefore, the Revenue 10/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025Divisional Officer, Udayarpalayam, Ariyalur District is directed to complete the enquiry after giving opportunity of hearing to A party and B party and pass orders within a period of four weeks from today. It is also made clear that if A party and B party fail to come for any solution, the Revenue Divisional Officer, Udayarpalayam, Ariyarlur District is directed to dispose of the representation accordingly. The persons concerned who claim to be the poojahari of the temple are at liberty to approach the civil court for appropriate relief for declaring their rights over the temple. All the general public are permitted to worship the deity daily. Therefore, always the temple shall be kept open to the general public to worship the deity. Further, till the declaration of the respective rights of A party and B party, the safety locker key shall be with the Revenue Divisional Officer, Udayarpalayam, Ariyalur District.11.In the meanwhile, if any law and order problem is created by A or B party, the Inspector of Police of Udayarpalayam Police Station, Ariyalur District is at liberty to take appropriate action against all the parties.11/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 202512.In view of the above, the Inspector of Police, Udayarpalayam Police Station, Ariyalur District is directed to immediately open the temple for the purpose of worshiping by the general public. 13.With the above observations, this contempt petition stands disposed of. 30.07.2025Speaking Order/Non Speaking Order Index: Yes / NoNetrual citation:Yes/NolokNote: Issue order copy on 31.07.202512/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025To1.District Collector,Ariyalur District2.Revenue Divisional officer,Udayarpalayam,Ariyalur District3.Deputy Superintendent of Police,Jayankondam,Ariyalur District4.Inspector of Police,Udayarpalayam Police Station,Ariyalur District5.Then Deputy Superintendent of Police,Jayankondam,Ariyalur District6.Then Inspector of Police,Udayarpalayam Police Station,Ariyalur District7.The Government Advocate,High Court of Madras13/14 https://www.mhc.tn.gov.in/judis Cont.P.No.2080 of 2025G.K.ILANTHIRAIYAN, J.lokCont.P.No.2080 of 202530.07.2025 14/14