Madras High Court
Arulmozhi vs The Principal Secretary on 8 May, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.A(MD)No.1255 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.05.2025
CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.A(MD)No.1255 of 2025
and
CMP(MD)Nos.7725 and 7726 of 2025
Arulmozhi ... Appellant
vs.
1. The Principal Secretary,
Tamil Nadu Hindu Religious and Charitable Endowments Department,
Secretariat, IX Floor,
St. George Fort,
Chennai – 600009.
2. The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam,
Chennai – 600009.
3. The Superintendent of Police,
Tenkasi,
Tenkasi District.
4. S.Sachichanantham, President,
Urmelalagiyan Arulmigu Kulasekaran
Amman Kovil Komarathar Trust,
(UAKAKK Trust),
Arulmigu Kulasekara Amman Kovil,
Urmelalagiyan Village Post,
Page No.1 of 8
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W.A(MD)No.1255 of 2025
Kadayanallur Taluk,
Tenkasi District.
5. The Fit Person,
Arulmigu Kulasekara Amman Temple,
Urmelalagiyan having office at
Arulmigu Muppadathi Amman Temple,
Kadayanallur, Tenkasi District.
6. R.Muthu ... Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 25.04.2025 made in W.P(MD)No.4620 of
2025.
For Appellant : Mr.R.Murugappan
For R1 & R2 : Mr.M.Lingadurai
Special Government Pleader
For R3 : Mr.A.Thiruvadikumar
Additional Public Prosecutor
For R4 : Ms.Indhira
For R5 & R6 : Mr.B.Bhuvaneshvari
JUDGMENT
(Judgment of the Court was made by M.DHANDAPANI, J.)
This intra-court appeal is filed against the order dated
25.04.2025 passed in W.P(MD)No.4620 of 2025.
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2. The learned counsel appearing for the appellant would
submit that the appellant is the 6th respondent in W.P(MD)No.4620 of
2025. The 6th respondent herein / writ petitioner filed the abovesaid
writ petition for a Mandamus seeking a direction to permit the trust
members of Sri Kulasekara Amman Koil, Komarathar to conduct kudai
festival for each year with the help of the 3rd respondent herein and
direct the respondents 1 and 2 not to interfere or hinder the festival
based on the writ petitioner's representation dated 09.02.2025. The 4th
respondent herein also filed a writ petition before this Court in
W.P(MD)No.4621 of 2025, challenging the notice issued by the 5th
respondent not to hand over the possession of the temple to him. Both
the writ petitions were heard together and the same were disposed of by
permitting the 6th respondent herein to conduct kudai festival.
Challenging the same, the present appeal is filed.
3. The learned counsel appearing for the appellant would
submit that the appellant is the worshipper of Urmelalagiyan Arulmigu
Kulasekaran Amman Kovil and the respondents 4 and 6 never allowed
any village people to participate in the temple festival and they claimed
that the temple is belonged to their community. However, the said
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temple is in existence for more than 800 years and all these years all the
community people who are residing in Urmelalagiyan village,
performed the festival. However, in the recent past, the respondents 4
and 6 have taken over the temple which is situated in the Government
poramboke land and are conducting kudai festival. On the basis of the
representation made by the village people, the HR & CE department
appointed the 5th respondent as fit person and after appointment, the 5th
respondent issued notice to the respondents 4 and 6 to hand over the
possession of the temple which was interfered with by the impugned
order, which is untenable.
4. The learned counsel for the appellant would further submit
that with regard to the appointment of fit person, the respondents 4 and
6 have filed O.A.No.9 of 2024 on the file of the Joint Commissioner,
Tirunelveli, and the same is pending. Apart from that, the 4th
respondent also filed I.A.No.2 of 2025 to file a suit in representative
capacity which is pending before the Principal District Court, Tenkasi.
This Court though issued a direction to the Civil Court as well as the
Joint Commissioner, Tirunelveli, to dispose of the same, however, in the
meanwhile, allowed the 6th respondent to conduct the kudai festival
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which would adversely affect the interest of the appellant and other
villagers, thereby, this writ appeal is filed.
5. However, the learned counsel for the appellant would
submit that this Court permitted the appellant and other villagers to
participate in the temple festival and issued a direction to the
jurisdictional police as well as the Tahsildar to ensure the participation
of the appellant as well as the village people in the kudai festival to be
conducted by the respondents 4 and 6 and if any law and order problem
is created by any one or private respondents, a direction may be issued
to the law enforcing agency to take action against the persons who
disturb the kudai festival.
6. The learned counsel for the respondents 4 and 6 have no
serious objection to the above relief sought by the appellant.
7. In view of the restricted relief sought for by the appellant,
this Court is inclined to dispose of the writ appeal on the following
terms:
(i) The 3rd respondent shall issue appropriate direction to
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the jurisdictional police for conducting kudai festival in a
peaceful manner and issue a direction to the jurisdictional
police station as well as the Tahsildar for participation of the
appellant as well as the village people in the kudai festival.
(ii) If any person creates law and order problem, the
jurisdictional police shall take appropriate action against such
person.
No costs. Connected miscellaneous petitions are closed.
[M.D.I, J.] [R.S.V, J.]
08.05.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Principal Secretary,
Tamil Nadu Hindu Religious and Charitable Endowments Department,
Secretariat, IX Floor,
St. George Fort,
Chennai – 600009.
2. The Commissioner,
Hindu Religious and Charitable Endowments Department,
Nungambakkam,
Chennai – 600009.
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3. The Superintendent of Police,
Tenkasi, Tenkasi District.
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M.DHANDAPANI, J.
AND
R.SAKTHIVEL, J.
bala
JUDGMENT MADE IN
DATED : 08.05.2025
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