High Court · 2025

W.P.(MD)No.3552 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 07.04.2025CORAMTHE HON'BLE MR.JUSTICE P.DHANABALW.P.(MD)No.3552 of 2025andW.M.P(MD)No.2519 of 20251. Muthu2. Kusalavan3. Muthiah4. Balakrishnan5.Idhayachandran6. Vijayakumar7. Kanniah ... PetitionersVs.1. The Joint Commissioner Hindu Religious and Charitable Endowments Department B1 Road, Ellis Nagar, Madurai- 625 0162. The Assistant Commissioner Hindu Religious and Charitable Endowments Department B1 Road, Ellis Nagar, Madurai- 625 0161/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 20253. The District Collector Madurai District Collectorate Madurai4. The Revenue Divisional Officer Madurai District Collectorate Madurai5. The Tahsildhar Vadipatti Taluk Office Madurai District6. The Superintendent of Police Madurai District, Madurai7. The Deputy Superintendent of Police Samayanallur Sub Division Madurai District8. The Inspector of Police Balamedu Police Station, Madurai District9. Andi10. Vellaisamy11. Ammasi12. Madhanmohan13. Perichi14. Pethiraja15.Manoharan16. Gopal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus to call for the records pertaining to the impugned order passed by the sixth respondent in Na.Ka.No.246/2024/m.5/ dated 29.01.2025 and quash the same as illegal and 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025consequently direct the respondents 6 to 9 not to interefere in the dispute in O.A.No.1 of 2022 pending on the file of the first respondent . For Petitioner : MrJ.Selvam For Respondents : Mr. M.Senthil Ayyanar No.1 to 5 Government Advocate No.6 to 8 :Mr.M.Sakthi Kumar Government Advocate(Crl.Side) Nos 9 to 11, 13 to16 : Mr.Karthikeya Venkatachalapathy No. 12 : Mr.S.MadhavanORDERThis Writ Petition has been filed by the petitioner to call for the records pertaining to the impugned order passed by the fifth respondent in Na.Ka.No.246/2024/m .5/ dated 29.01.2025 and quash the same and consequently direct the respondents 6 to 9 not to interefere in the dispute in O.A.No.1 of 2022 pending on the file of the first respondent.2. The learned counsel appearing for the petitioners would submit that the first petitioner is the poojari of Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District . While so, the fifth respondent initiated proceedings in Na.Ka.No.246/2024/m.5/ and passed order that the temple festival has to 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025be conducted by all the villagers as conducted in the year 2018. So far as poojariship is concerned Hindu Religious and Charitable Endowments Act Department has to pass orders and if any law and order issue arises the police can take action. But in that order the petitioner has not signed. The festival of pidi mann eduthal has been celebrated once in three years from time immemorial . While so, in the year 2018 the 9th respondent who is the poojari of Chekkumudai Karuppasamy claimed as if he has right in poojariship of Arulmigu Sree Manjamalai Ayyanar Temple making troubles in conducting poojas. While so, a case has been registered in Crime No.1391 of 2020 for the offences under Sections 147,294(b), 323,324 and 506(ii) of IPC and thereafter after completing investigation filed final report and the same is pending C.C.No.601 of 2023 before the learned Judicial Magistrate, Vadipatti. The petitioner also filed O.A. No.1 of 2022 on the file of the first respondent and the same is also pending. This being so, the petitioner along with other villagers decided to conduct the festival of 'pidi man eduthal' from 31.01.2025 to 15.02.2025 ,preferred petition before the eighth respondent seeking permission for police protection on 27.01.2025. The third respondent sent a letter dated 28.01.2025 to the fifth respondent 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025for conduct of peace committee meeting and thereafter the present impugned order has been passed by the fifth respondent. The dispute in respect of poojariship is subjudice in O.A.No.1 of 2022 on the file of the first respondent, while the order of the first respondent is wholly unwarranted. Therefore the order passed by the fifth respondent is liable to be quashed.3. The learned Government Advocate appearing for the respondents 1 to 5 would submit that the petitioners have filed this petition as against the private respondents in O.A.No. 01 of 2022 before the first respondent in respect of poojariship for the Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District and the same is pending. In the meantime, the petitioner wanted to conduct the festival of 'pidiman eduthal' and thereby they sought for police protection and the same is pending. 4. He would further submit that based on the representation made by the petitioners the eighth respondent forwarded a complaint and also conducted peace committee meeting and as per the peace committee 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025meeting the matter has been settled. However 'A' party, petitioners herein refused to sign in the peace committee meeting resolution.5. The learned Government Advocate(Crl.Side) appearing for the respondents 6 to 8 would submit that there is a dispute pending between the parties in respect of conduct of festival of Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District , thereby they referred the matter to revenue authorities for conduct of peace committee meeting as per the peace committee meeting, resolution passed by the fifth respondent but 'A' party ie., the petitioner's party refused to sign in the resolution. However now the temple festival is going on without any disturbance and if necessary they will provide police protection in accordance with law. 6. The learned counsel appearing for the private respondents would submit that there is no any dispute in respect of conduct of festival. The only dispute is in respect of poojariship and now the temple festival is going on without any issues and they will smoothly conduct the festival without any law and order issued and the petitioners have 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025also filed O.A.No.1 of 2022 before the first respondent and the same is also pending. Therefore till the order passed in the said O.A the present position can be continue and already the peace committee meeting aso convened and based on the resolution of the above result, they will act.7. This Court perused the records. On perusal of the records it is seen that no adverse orders by the fifth respondent as against the petitioners and as per the resolution the temple festival has to be conducted as conducted earlier in the year 2018 and in respect of poojariship the HR &CE Department can take decision and inview of the same both the parties have to conduct the festival without any law and order issues and revenue authorities have to monitor the festival and the concerned police have to give police protection and take action if any law and order arises Therefore the above said order will no way affect the rights of the parties, therefore it need not be quashed since there is no any issues in respect of conduct of festival between the parties.7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 20258. In view of the same, this Writ Petition stands dismissed with liberty to all the parties to take part in the festival proceedings. No costs. Consequently connected miscellaneous petition stands closed. 07.04.2025NCC :Yes / NoIndex :Yes / NoaavTo1. The Joint Commissioner Hindu Religious and Charitable Endowments Department B1 Road, Ellis Nagar, Madurai- 625 0162. The Assistant Commissioner Hindu Religious and Charitable Endowments Department B1 Road, Ellis Nagar, Madurai- 625 0163. The District Collector Madurai District Collectorate Madurai8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 20254. The Revenue Divisional Officer Madurai District Collectorate Madurai5. The Tahsildhar Vadipatti Taluk Office Madurai District6. The Superintendent of Police Madurai District, Madurai7. The Deputy Superintendent of Police Samayanallur Sub Division Madurai District8. The Inspector of Police Balamedu Police Station, Madurai District9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3552 of 2025P.DHANABAL, J.aavW.P.(MD)No.3552 of 2025 07.04.202510/10