Madras High Court
Sankaramoorthy vs S.Lingam ... 1St on 25 August, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A(MD)No.2435 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A(MD)No.2435 of 2025
and
C.M.P(MD)Nos.13942 & 13943 of 2025
Sankaramoorthy ... Appellant/4th Respondent
Vs.
1.S.Lingam ... 1st Respondent/Petitioner
2.The District Collector,
Tirunelveli,
Tirunelveli District.
3.The Revenue Divisional Officer,
Tirunelveli,
Tirunelveli District.
4.The Tahsildar,
Radhapuram Taluk,
Tirunelveli District. ... Respondents 2 to 4/
Respondents 1 to 3
PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Appeal, to
set aside the order dated 07.08.2025 in W.P(MD)No.21750 of 2025.
1/5
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W.A(MD)No.2435 of 2025
For Appellant : Mr.K.Sivabalan
for M/s.Aran Legal Consultancy
For R1 : Mr.S.Balaji
For R2 to R4 : Mr.M.Sarangan
Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
The intra Court appeal has been instituted to assail the writ order dated
07.08.2025 in W.P(MD)No.21750 of 2025.
2. The fourth respondent in the writ petition is the appellant before this
Court. The first respondent filed a writ petition seeking a direction to the first
respondent to initiate action against the fourth respondent for excommunicating
the writ petitioner and Vagaiyaras from participating in Muthalamman Temple
festival. Admittedly, the Muthalamman Temple is a private Temple and not
falling under the control of the HR & CE Department. In respect of a private
Temple and its affairs, no writ petition is entertainable under Article 226 of the
Constitution of India.
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3. The learned Additional Government Pleader appearing for the
respondents 2 to 4 would brought to the notice of this Court that civil suits have
already been instituted between the parties in O.S.No.206 of 2025 and O.S.No.109
of 2003. Both the suits were disposed of. While so, the writ petition is not
maintainable and the parties have to resolve the issues by approaching the
competent civil Court of law.
4. With these observations, the order of the writ Court dated 07.08.2025
is set aside and the writ appeal is allowed. No costs. Consequently, connected
miscellaneous petitions are closed.
(S.M.S., J.) & (G.A.M., J.)
25.08.2025
NCC : Yes / No
Index : Yes / No
am
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To
1.The District Collector,
Tirunelveli,
Tirunelveli District.
2.The Revenue Divisional Officer,
Tirunelveli,
Tirunelveli District.
3.The Tahsildar,
Radhapuram Taluk,
Tirunelveli District.
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S.M.SUBRAMANIAM, J.
AND
G.ARUL MURUGAN, J.
am
25.08.2025
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