High Court · 2025

W.P.No.33598 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.02.2025CORAM:THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.33598 of 2024KADANTHAPATTY ARULMIGU ANGALAMMAN TEMPLE &MUTHUKUMARAN TEMPLE, REP. BY ITS NATAMAIKARAR S. MANICKAM, S/O. SUNDARAM,NO. 7/22-1, METTUTHERU,KADANTHAPATTY VILLAGE, PACHAL (POST), NAMAKKAL TALUK, NAMAKKAL DISTRICT - 637 018... Petitioner Vs1.THE COMMISSIONERHINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NO.19, UTHAMAR GANDHI SALAI, CHENNAI.2.THE REVENUE DIVISIONAL OFFICER,NAMAKKAL DISTRICT.3.THE JOINT COMMISSIONER,HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT. 4.THE ASSISTANT COMMISSIONER,HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT.5.THE INSPECTOR,1/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024O/O. INSPECTOR, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT 6.THE TAHSILDAR,NAMAKKAL TALUK, NAMAKKAL DISTRICT. 7.V.RAMASAMY8.V.GOVINDARAJ9.S.AMIRTHALINGAM ... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1, 3 to 5 to take over Arulmigu Angalamman Temple, Muthukumaran Temple, Periyandichi Amman Temple, Kamatchi Amman temple, Pechi Amman temple Kadanthapatty village, Pachal Post, Namakkal District under the control of Hindu Religious and Charitable Endowments Department for preventing law and order problem and for effective administration of the temple and passFor Petitioner : Mr.I Abrar Mohamed AbdullahFor R1, R3 to R5 : Mr.S.Ravichandran Additional Government PleaderFor R2 & R6 : Dr.S.Suriya Additional Government PleaderFor R7 to R9 : Mr.C.PrabakaranORDER2/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024The petitioner has approached this Court with a prayer directing the respondents 1, 3 and 5 to take over the Arulmigu Angalamman Temple, Muthukumaran Temple, Periyandichi Amman Temple, Kamatchi Amman Temple, Pechi Amman Temple in Kadanthapatty Village, Pachal Post, Namakkal District under their control for preventing law and order problem and for effective administration of the Temple. 2. The learned counsel appearing on behalf of the petitioner, by taking this Court through the various earlier proceedings and the orders passed in the writ petition as well as the first information report registered by the police, would submit that this is a case in which even the rival group has indulged in tying up persons in the temple premises and beating them. When it has reached up this level, the authorities cannot be mute spectators and they ought to appoint a fit person to take over the entire temple premises. 3. The learned Additional Government pleader appearing on behalf of 3/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024the respondents 1, 3 to 5 would submit that in respect of the instant temples, already two orders have been passed in W.P.No. 848 of 2025, filed by the private respondents in the present writ petition and another order in W.P.No. 35680 of 2024. This Court has already directed the Commissioner to consider all the objections of the various sections of the village People and to take a decision in this regard. An advertisement has already been issued inviting suggestions and objections from all the devotees and the residents of the village. Both the petitioner and the respondents, whoever they may be, can also submit their objections and suggestions to the Commissioner. The Commissioner, as directed by this Court, will decide the matter in accordance with law. 4. The learned Counsel appearing on behalf of the private respondents, namely respondents No. 7 to 9 would submit that the earlier order in W.P.No. 848 of 2025 is at their behest. He would submit that they are involved in the administration of the temple and the temple administration is carried on as per the customs and practices. Suddenly the petitioner came and locked the temple, leading to the scuffle that resulted in the registering of a criminal case. As far as the rights of others are concerned, the same has already been decided 4/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024in some of the civil suits and some civil matters are also pending at the appeal stage. The orders passed by the Civil Court will take care of those matters. Now that the Commissioner is deciding, no further orders need to be passed in this case. 5. In reply thereof, the learned counsel appearing on behalf of the petitioner would submit that in two other writ petitions, namely, W.P.No.5413 of 2024 and 5253 of 2024, the parties were directed to approach the Civil Court where the appeals are pending.6. Be that as it may, it seems that these temples are located in Kadanthapatty Village. It appears that the people of the village are not united and different groups are pulling in different directions. They are unable to forget their past differences and are refusing to move forward. The temple and its practices have resulted in multiple suits, multiple writ petitions and also multiple first Information reports. Under these circumstances, in the earlier orders, the Commissioner/first respondent was directed to consider a detailed enquiry and pass orders thereon with reference to the proper administration of the temple, including temporary and permanent 5/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024administration. Since the matter is pending before the Commissioner/first respondent, this Court need not interdict the matter. 7. Needless to mention that the Commissioner/first respondent will also take into account the orders passed by the Civil Court and the orders passed in the earlier writ petitions while deciding the matter. Therefore, it is placed on record that the learned Additional Government Pleader appearing on behalf of the Commissioner will take all the petitioner’s representations and prayers into account while considering the entire objections in general. 8. In view thereof, this writ petition stands disposed of. The rights of all the parties are kept open to be agitated before the first respondent, the Commissioner. The Commissioner/Joint Commissioner shall take a decision on the matter. The authorities shall decide the matter in accordance with law as expeditiously as possible, in any event, not later than a period of twelve weeks from the date of receipt/production of the website uploaded copy of this order, without waiting for the certified copy of the order. No costs. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 202417.02.2025Neutral Citation: Yes/NonslTo1.THE COMMISSIONERHINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NO.19, UTHAMAR GANDHI SALAI, CHENNAI.2.THE REVENUE DIVISIONAL OFFICER,7/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024NAMAKKAL DISTRICT.3.THE JOINT COMMISSIONER,HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT. 4.THE ASSISTANT COMMISSIONER,HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT.5.THE INSPECTOR,O/O. INSPECTOR, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, NAMAKKAL, NAMAKKAL DISTRICT 6.THE TAHSILDAR,NAMAKKAL TALUK, NAMAKKAL DISTRICT. D.BHARATHA CHAKRAVARTHY, J.nsl8/9 https://www.mhc.tn.gov.in/judis W.P.No.33598 of 2024W.P.No.33598 of 202417.02.20259/9