Madras High Court
S.Muthukumar vs The Tahsildar on 10 March, 2025
W.P.(MD)No.6457 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD)No.6457 of 2025
S.Muthukumar ... Petitioner
vs.
1.The Tahsildar,
Vembakottai Taluk,
Virudhunagar District.
2.The Inspector of Police,
Vembakottai Police Station,
Vembakottai, Virudhunagar District.
3.Balaurugan
President of Panarkula Thaiyarkarargal Sangam,
No.23, Thirukkumaran Nagar, 2nd Street,
Thiru Nagar, Thirupparankundram,
Madurai.
4.Peyandi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the first respondent to
grant permission and hand over the keys of the Arulmighu Kamba
1/7
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W.P.(MD)No.6457 of 2025
Kamatchi Amman Shri Kathavarayan Temple situated at Sri Chakra
Nagar, S.Sankaramoorthypatti, T.N.C.Alangulam, Sivakasi Taluk,
Virudhunagar District, to the petitioner for celebrating the Annual 'khrp'
Festival from 14.03.2025 to 16.03.2025 and regular worship in the
temple in light of the orders made in I.A.No.45 of 2017 in O.S.No.12 of
2017 dated 06.04.2018.
For Petitioner :Mr.J.Barathan
for Mr.K.Sheenivasan
For R1 :Mr.S.Shaji Bino
Special Government Pleader
For R2 : Mr.M.Karunanithi
Government Advocate
For R3 & R4 : Mr.M.Saravanan
*****
ORDER
This writ petition seeks for mandamus to the first respondent to
grant permission and hand over the keys of “Arulmighu Kamba
Kamatchi Amman and Shri Kathavarayan Temple” situated at Sri Chakra
Nagar, S.Sankaramoorthypatti Village, T.N.C. Alangulam, Sivakasi
Taluk, Virudhunagar District, to the petitioner for the purpose of
celebrating the Annual 'khrp' festival between 14.03.2025 and 16.03.2025
and also to offer regular worship in terms of the order passed in I.A.No.
45 of 2017 in O.S.No.12 of 2017, dated 06.04.2018.
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2. The petitioner, Muthukumar, claims that he is entitled to be in
management of the temple and thereby, the possession of the keys of the
temple that is currently with the first respondent, Tahsildar. The temple
has been mired in litigation for more than 50 years. The writ petitioner,
Muthukumar, claims that the temple belongs to four communities,
namely, Panar, Servai, Thondaiman and Semman. He refers to various
litigations that had been initiated by the parties. He points that the group
represented by the petitioner was successful in obtaining a decree for
injunction in A.S.No.23 of 2016 (arising out of O.S.No.229 of 2012) and
thereby, entitled to perform the functions.
3. I have to point out here that judgment and decree in A.S.No.23
of 2016 was set aside by this Court in S.A(MD).No.209 of 2022 and the
matter was remitted to the learned District judge for the purpose of fresh
trial along with connected suits.
4. The fear of the petitioner is that one Peyandi, the fourth
respondent herein, would prevent him from offering worship at the
aforesaid temple.
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5. When the matter came up for admission, Mr.M.Saravanan, took
notice on behalf of the third and fourth respondents. He made a
categorical statement that the fourth respondent, who is the Poosari of the
temple, will strictly abide by the orders passed by the learned Principal
District Judge at Virudhunagar in I.A.No.45 of 2017 in O.S.No.12 of
2017 dated 06.04.2018 and will not prevent any person from offering
their prayers or performing any religious rites and activities to the
temple.
6. This statement of Mr.M.Saravanan is taken on record as an
undertaking given to this Court by the respondents 3 and 4. Needless to
add, if the said undertaking is violated, any person aggrieved by the
activities of the respondents 3 and 4, will be entitled not only to initiate
contempt, but also other proceedings as are open to them.
7. The right of the management of the temple is still pending
before the civil Court. If I were to grant the relief that is sought for in the
writ petition, it will be as if I am pre-judging the suit and decreeing it in
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favour of the writ petitioner. In the connected writ petition, I have
already passed an order creating an interim arrangement for continuation
of 'khrp' festival as well as for function to be performed during Full
Moon and New Moon days. Suffice it to state that on any day, the temple
is kept open, no person irrespective of the caste, creed, religion will be
prevented from offering prayers or religious rites in the temple.
8. As the matter is pending before the civil Court, the judgment
and decree to be passed in the suit will decide as to who will be entitled
to the keys. As of now, after the temple is closed post the festival
celebrations, the keys shall be handed over to the Village Administrative
Officer of Alangulam Village. Whenever a ceremony is sought to be
performed in the temple, advance notice has to be given to the Poosari,
Peyandi. The Village Administrative Officer will give the keys to the
fourth respondent Peyandi for performance of the function. Incase,
Peyandi refuses to perform his duties, then his relatives Periyasamy or
Murugan may approach the Village Administrative Officer for the
purpose of obtaining the keys. Prior to handing over the keys to
Periyasamy or Murugan, the Village Administrative Officer shall enquire
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with Peyandi as to whether he is willing to perform the religious rites and
functions. The Village Administrative Officer shall hand over the keys to
anyone of the aforesaid two persons only if Peyandi refuses to perform
his duties.
9. In the light of the above discussion, this Writ Petition is
disposed of. Needless to add, the rights of the parties will be determined
by the judgment and decree in the civil Court. No costs.
Index :Yes / No 10.03.2025
Internet :Yes / No
NCC :Yes / No
Rmk
To
1.The Tahsildar,
Vembakottai Taluk,
Virudhunagar District.
2.The Inspector of Police,
Vembakottai Police Station,
Vembakottai, Virudhunagar District.
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V. LAKSHMINARAYANAN, J.
Rmk
10.03.2025
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