Madras High Court
Chandrasekaran vs A.Sathasivam on 21 February, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1399 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.1399 of 2021
and
C.M.P(MD)Nos.5803 & 5804 of 2021
Chandrasekaran ... Appellant /
5th Respondent
Vs.
1.A.Sathasivam ... Respondent /
Petitioner
2.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Hindu Religious and Charitable
Endowments Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
3.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600 034.
4.Arulmigu Ranganathaswamy Temple,
Srirangam,
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1/6
W.A.(MD)No.1399 of 2021
Represented by the Joint Commissioner /
Executive Officer,
Hindu Religious and Charitable
Endowments Department,
Srirangam,
Trichy.
5.The Tahsildar,
Mannachanallur Taluk,
Trichy District. ... Respondents /
Respondents 1 to 4
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to allow
the writ appeal by setting aside the order in W.P(MD)No.10184 of 2021
dated 21.06.2021 on the file of this Court.
For Appellant : Mr.K.Navaneetharaja
For Respondents : Mr.K.Balasubramani
Special Government Pleader
for R.2, R.3 & R.5
Mr.Saravanan for R.4
No Appearance for R.1
JUDGMENT
Heard the learned counsel appearing for the appellant, the learned
counsel appearing for the fourth respondent and the learned Special
Government Pleader appearing for the respondents 2, 3 & 5. Though the
writ petitioner has been served and his name is printed in the cause list,
he has not chosen to enter appearance.
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2.The first respondent herein filed W.P(MD)No.10184 of 2021 for
removing the tin sheet shed put up in the immediate vicinity of
Arulmighu Pundarikaksha Perumal Temple, Thiruvellarai. The writ
petition was disposed of by a learned single Judge on 21.06.2021 in the
following terms:
“5. In view of the specific stand taken by the
learned Government Advocate appearing on behalf of the
official respondents, there shall be a direction to the third
respondent to ensure that the shed is removed within a
period of two (02) weeks from the date of receipt of a copy
of this order. If there is any resistance, the third
respondent shall take police protection and implement the
order passed by this Court.”
Questioning the same, the fifth respondent in the Writ Petition filed this
Writ Appeal.
3.The primary grievance of the appellant is that he was not heard
before the learned single Judge allowed the writ petition. This grievance
has some force. Therefore, we decided to hear the issue afresh on
merits.
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4.The learned counsel for the temple admits that there is a
customary practice of erecting a panthal in connection with the temple
festival which is held twice a year (in the month of Sithirai and Panguni).
The villagers known a patayadharars are known to do a charity known as
Thanner panthal dharmam. Only for this purpose they are permitted to
erect a temporary shed. But unfortunately a permanent tin roof structure
had been put up and that furnished the cause for filing the writ petition.
5.We went through the revenue records and we are satisfied that
the land in question has been classified as “Sarkar Poramboke”
earmarked for thaneer panthal dharmam.
6.The learned single Judge was therefore justified in ordering
removal of the permanent tin roof structure that was erected in the
immediate vicinity of the temple. We do not find any ground to interfere
with the order passed by the learned single Judge. At the same time, we
need to recognise the customary rights. Patayadharars are permitted to
erect the shed during the annual temple festivals for the purpose of
carrying out water charity. The jurisdictional Police are directed to
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extend their fullest assistance to the management of the temple for
removing the tin roof structure put up by the appellant.
7.This Writ Appeal is disposed of by affirming the direction given
by the learned single Judge. No costs. Consequently, connected
miscellaneous petitions are closed.
[G.R.S., J.] [M.J.R., J.]
21.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The Principal Secretary,
Government of Tamil Nadu,
Hindu Religious and Charitable
Endowments Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai – 600 034.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
3.The Joint Commissioner /
Executive Officer,Arulmigu Ranganathaswamy Temple,
Srirangam,
Hindu Religious and Charitable
Endowments Department,
Srirangam,
Trichy.
4.The Tahsildar,
Mannachanallur Taluk,
Trichy District.
21.02.2025
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