T.Chinnadurai vs The District Collector
2024 Latest Caselaw 15205 Mad

Madras High Court

T.Chinnadurai vs The District Collector on 6 August, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                     W.A(MD)No.1303 of 2024
                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 06.08.2024

                                                  CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                           W.A(MD)No.1303 of 2024

              T.Chinnadurai,
              S/o.Thirugnanasambandam,
              Hereditary Trustee,
              Sri Vembadi Sudalai Mada Swamy Temple,
              Kottarakurichi Village,
              Srivaikundam Taluk,
              Thoothukudi                       ... Appellant/Writ petitioner

                                                    -vs-

              1.The District Collector,
               Collectorate,
               Tuticorin District.

              3.The Revenue Divisional Officer,
               Tiruchendur,
               Tuticorin District.

              3.The Tahsildar,
               Eral Taluk,
               Tuticorin District.

              4.Mr.D.Muthukaruppan @ Velayutham
              5.T.Rajendran
              6.D.Durai
              7.D.Vaikundaramasamy @ Kumar                       ... Respondents

              PRAYER: Appeal filed under Clause 15 of the Letters Patent, against the

              common order dated 09.07.2024 in W.P(MD)No.9400 of 2024.

                           For Appellant      : Mr.K.K.Samy


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              Page 1 of 5
                                                                           W.A(MD)No.1303 of 2024
                           For R-1 to R-3    : Mr.SRA.Ramachandran,
                                               Additional Government Pleader

                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge in this writ appeal is to the order of the learned single

Judge issuing certain directions in respect of management of a private

temple.

2. Admittedly, the right of Trusteeship of the temple is subject matter

of proceedings before the Hon'ble Supreme Court. A peace committee

meeting was conducted during the pendency of the second appeal

regarding the right to manage the temple and certain agreement had been

reached between the parties. Complaining that the said agreement has

been violated, the instant writ petition came to be filed.

3. The learned single Judge has elaborately considered the scope of

the agreement between the parties and had issued certain directions.

Aggrieved, the petitioner in W.P(MD)No.9400 of 2024 is on appeal.

4. We have heard the learned counsel for the appellant and the

learned Additional Government Pleader for respondents 1 to 3.

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5. We find that the very writ petition is misconceived. A right to

manage a private temple is neither a public right nor there is any public

issue involved to enable this Court to exercise the jurisdiction under Article

226 of the Constitution of India. If the parties had agreed upon to certain

interim arrangements pending final conclusion of the civil proceedings and

if there is any violation, it will be open to the parties to approach the

competent Court where the civil proceedings are pending. In our

considered opinion, invocation of jurisdiction under Article 226 of the

Constitution of India, is total misconception. The jurisdiction under Article

226 of the Constitution of India is not to resolve private disputes.

We, therefore, do not find any merit in this writ appeal and the same is

accordingly dismissed. No Costs.

                                                         [R.S.M., J.]            [L.V.G., J.]
                                                                  06.08.2024
            NCC      :Yes/No
            Index    :Yes/No
            Internet: Yes
            PM
            To:

            1.The District Collector,
             Collectorate,
             Tuticorin District.

3.The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3.The Tahsildar, Eral Taluk, ____________ https://www.mhc.tn.gov.in/judis

Tuticorin District.

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

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

06.08.2024

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