Madras High Court
Mr.Selvam vs The Assistant Commissioner on 13 April, 2023
W.P.No.11541 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.11541 of 2023
and WMP No.11436 of 2023
Mr.Selvam ... Petitioner
-Vs-
1.The Assistant Commissioner
Hindu Religious Charitable and
Endowment Department
Namakkal.
2.The Executive Officer
Hindu Religious Charitable and
Endowment Department
Rasipuram
Namakkal.
3.The Inspector of Police
Namagiripet Police Station
Namakkal District.
4.The Tahsildar
Rasipuram, Namakkal.
5.S.Revathy .. Respondents
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Page 1 of 10
W.P.No.11541 of 2023
Writ Petition under Article 226 of the Constitution of India praying for the issuance of
a Writ of Certiorarified Mandamus, to call for the records relating to the impugned
proceedings of the 4th respondent dated 11.04.2023 in Na.Ka.3124/2023/A2 and quash the
same and consequently direct 2nd and 4th respondents not to interfere with the right of the
Nattu Gounder Community members over the Arulmigu Mariamman Temple, Thoppapatti,
Namakkal District as declared in the judgment and decree dated 21.11.2003 in OS.69 of
1999 on the file of District Munsif Court, Rasipuram.
For Petitioner Mr.R.Nalliyappan
For Respondents Mr.N.R.R.Arun Natarajan
Special Government Pleader
for R1, R2
Mr.C.Selvaraj
Additional Government Pleader
for R3, R4
ORDER
This writ petition has been filed challenging the impugned proceedings of the fourth
respondent dated 11.04.2023 and the petitioner has also sought for a consequential direction
to the second and fourth respondents not to interfere with the rights of the Nattu Gounder
Community people over the Arulmigu Mariamman Temple, Thoppapatti, Namakkal District as
declared in the judgment and decree dated 21.11.2003 made in O.S.No.69 of 1999, on the
file of District Munsif Court, Rasipuram.
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W.P.No.11541 of 2023
2.Heard Mr.R.Nalliyappan, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan
learned Special Government Pleader for R1, R2, and Mr.C.Selvaraj, learned Additional
Government Pleader for R3 and R4.
3.The case of the petitioner is that Arulmigu Mariamman Temple was founded and
managed by the Kongu Nattu Vellala Gounder Community of Thoppapatty Village, Rasipuram
Taluk. In the year 1999, some persons belonging to Devendra Kula Vellalar Community,
interfered with the administration of the Temple. Hence, a suit was field in OS.No.69/1999,
by persons belonging to the Kongu Nattu Vellala Gounder Community, seeking for the relief
of declaration and other consequential reliefs. The suit was decreed in the following terms :
1/ jhth mUs;kpF khhpak;k; d; nfhapy;y; thjpfs; rKjhak; kl;Lnk
jpUtpHh elj;j chpika[ilth;fs; vd;W tpsk;g[if bra;Jk;/
2/ thjpfs; rKjhak; jhth khhpak;kd; nfhapypy; jpUtpHh
elj;Jtija[k;. epht
; hfk; bra;tija[k; 1 Kjy' 5 gpujpthjpfnsh. MtuJ
rKjhankh ve;jtifapYk; ,il";ry; braa;f;TlhJ vd;W epue;ju
cWj;Jf;fl;lis gpwg;gpj;J cj;jputplg;gLfpwJ/
4.In view of the above decree, the petitioner claims that the community people will
have the absolute right to administer and manage the concerned Temple and the same
cannot be interfered by the persons belonging to the Devendra Kula Vellalar Community.
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W.P.No.11541 of 2023
5.A writ petition came to be filed in WP.No.25049 of 2017, by a person belong to the
Scheduled Caste Community on the ground that she was never allowed to participate in the
pooja that was conducted in the Temple. This Court after hearing both sides was pleased to
pass the following order dated 16.02.2023:
2. The case of the petitioner is that the subject Mariamman temple in the
Village is under the Control of Hindu Religious Endowments and Charitable
Department. The petitioner belong to Schedule community and she was never
allowed to participate in the pooja. Therefore, she is seeking a direction to allow
the petitioner and her community people to conduct pongal festival in the temple.
3. The learned counsel appearing for the petitioner submitted that the
temple is under the control of Hindu Religious Endowment and Charitable
Department and she had been denied entry into the temple and conduct the
festival.
4. The Special Government Pleader appearing for the respondents 1 to 3,
on instructions, submitted that the temple is under the control of HR&CE
Department. However, the temple is managed by the Gounder community. He
further submitted that a declaratory suit has also been filed by them and the right
to perform pooja and pongal festival has already been crystallized in the Civil
suit wherein the HR&CE Department is also a party. It is his further contention
that entry into the temple and worshipping in the temple is not prohibited.
However, festival right is declared in favour of the Gounder community. Hence,
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W.P.No.11541 of 2023
he submitted that there is no prohibition for the petitioner to enter into the temple
and to do worship.
5. The learned counsel appearing for the private respondent submitted
that a suit in O.S.No.69 of 1999 has been filed for declaratory relief. He further
submitted that the land has been purchased by their community by contribution
and their right has also been declared in the Civil Court.
6. In reply the learned counsel appearing for the petitioner submitted that
it is suffice if the petitioner is allowed to enter the temple and do worship.
7. In such view of the matter, the respondents are directed to permit the
petitioner to enter into the temple and to do worship. However, she cannot claim
any right to do any customary pooja, which is declared in favour of the fourth
respondent.
6.In view of the above order, a direction was given to the HR & CE Department to
allow everyone to enter into the Temple and to do worship, further it was made clear that
the same will not give any right to persons belonging to other community to do any
customary pooja, which was already declared in favour of the persons belong to the Kongu
Nattu Vellala Gounder.
7.A peace committee meeting was called and the fourth respondent after hearing both
sides took the following decisions.
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W.P.No.11541 of 2023
1/ bjhg;;gg;gl;o mUs;kpF _khhpak;kd; nfhtpypy; eilbgWk; xUfhy
g{i$apid bghJ kf;fspd; eyd; fUjp jpdrhp Kw;gfy; 10/00 kzp Kjy;
11/00 kzpf;Fs; jtwhky; elj;jg;gl ntz;Lk; vd Kot[ bra;ag;gl;lJ/
2/xU fhy g{i$ eilbgWk; rkaj;jpy; njnte;jpu Fy ntshsh;
kf;fs; tHpghL bra;a tUtij brd;id cah;ePjpkd;w tHf;F vz;/
W.P.25049/2017 tHf;fpd; jPhg
; ;[g ehs;/16/2/023?,d; go vtUk; jLf;ff;TlhJ/
3/xU fhy g{i$ eilbgWk; rkaj;jpy; njnte;jpu Fy ntshsh;
kf;fs; tHpghL bra;a tUk; nghJ g{i$g; bghUl;fshd nj';fha;. gHk;. g{
btw;wpiyg; ghf;F. Fw;g{uk; Mfpa bghUl;fis kl;Lk; bfhz;L te;J
tHpghL bra;ayhk;/ ,tw;iwj; jtpu bgh';fy; itg;gnjh. khtpsf;F bfhz;L
tUtnjh. fplh. nfhHp. nrty; btl;Ltnjh. ge;jy; mikg;gnjh. jpUtpHh
elj;Jtnjh nghd;w ve;j bray;fSf;Fk; mDkjp ,y;iy/
4/xU fy g{i$ eilbgWk; rkaj;jpy; nfhtpy; g{rhhpia vtUk;
kpul;Ltnjh. eph;ge;jpf;fnth TlhJ/
5/nfhtpypy; kpft[k; rpjpykile;j epiyapy; cs;sjhy; bghJ kf;fs;
chpa ghJfhg;gl[ d; tHpghL nkw;bfhs;s bjhptpf;fg;gLfpwJ/
6/nkw;bfhz;l Kot[fspy; vtUf;nfhDk; cld;ghL ,y;iybadpy;.
,e;J rka mwepiyaj; Jiwapd; ,iz Mizah;. ePjpkd;wij mDfpnah.
My;yJ chpikapay; ePjpkd;wj;ij mDfpnwh ghpfhuk; njof;bfhs;syhk;
vdt[k; bjhptpf;fg;gLfpwJ/
7/nfhtpy; tHpghL bra;tJ bjhlh;ghf ve;jbthU rl;lk; xG';F
gpur;ridapYk; vtUk; <Lglf; TlhJ vd;Wk; mt;thW <Lgl;lhy;
tUtha;j;Jiw kw;Wk; fhty; Jiw vLf;Fk; eltof;iffSf;F midtUk;
fl;Lg;gl ntz;Lk; vd Kot[ bra;ag;gLfpwJ/
8.The grievance of the petitioner was focused on Clause No.3 of the decision taken in
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W.P.No.11541 of 2023
the peace committee meeting. According to the petitioner, the persons belonging to the
Devendra Kula Vellalar Community have now been permitted to bring the pooja articles like
flowers, fruits, coconut and camphor. According to the petitioner, if this is allowed, it
indirectly amounts to the other community people given the right to perform special poojas.
Therefore, it is contended by the petitioner that it goes against the decree passed by the Civil
Court.
9.The learned Special Government Pleader appearing on behalf of the Department
submitted that this Court had allowed the entry and worship in the Temple and while
worshiping, flowers, fruits and coconuts are offered to the God and the flower is put on the
idol and other things are distributed to devotees, who come to the Temple. Therefore, the
learned Special Government Pleader submitted that there is no question of giving any right
to conduct special poojas by persons belonging to Devendra Kula Vellalar Community. The
learned Special Government Pleader once again read Clause 3 of the decision taken in the
peace committee meeting, wherein there is a specific restriction on performing certain rights
which will amount to a special pooja. Therefore, it was contended that there is absolutely no
ground to interfere with the decision taken by the 4th respondent.
10.In the considered view of this Court, worshiping the god also includes within itself
offering flowers, fruits, coconut and camphor and this is traditionally followed in all the
Temples. By such offering, it cannot be contended that a right is being vested on the
person, who makes wuch offer. On carefully going through Clause 3 extracted supra, it is
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W.P.No.11541 of 2023
seen that the 4th respondent has consciously restrained the persons belonging to Devendra
Kula Vellalar Community from doing certain rites, which will tantamount to giving them a
special right and which will run contrary to the decree that has been passed by the Civil
Court. Therefore, the decision that was taken by the fourth respondent is clearly backed by
application of mind. It is made very clear that offering of flowers, fruits, coconut, camphor
and betel leaf and betel nut does not confer any special right on the persons belonging to
Devendra Kula Vellalar Community. At the best, it can only be taken to be part of worshiping
the god by a devotee. Except giving this clarity, no further orders can be passed in this writ
petition.
11.This writ petition is disposed of in the above terms. No costs. Consequently,
connected miscellaneous petition is closed.
13.04.2023
KP
Internet : Yes/No
Index : Yes/No
Speaking Order:Yes/No
Neutral Citation :Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.11541 of 2023
To
1.The Assistant Commissioner
Hindu Religious Charitable and
Endowment Department
Namakkal.
2.The Executive Officer
Hindu Religious Charitable and
Endowment Department
Rasipuram, Namakkal.
3.The Inspector of Police
Namagiripet Police Station
Namakkal District.
4.The Tahsildar
Rasipuram, Namakkal.
N.ANAND VENKATESH, J.
https://www.mhc.tn.gov.in/judis
W.P.No.11541 of 2023
KP
W.P.No.11541 of 2023
13.04.2023
https://www.mhc.tn.gov.in/judis
