Sakthivel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-01-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA Sakthivel S/o.Ponnusamy No.80 Kudi Theru, T.Neikarapatti, Kailasampalayam, Namakkal District.
..Petitioner(s) Vs
1. The District Collector Namakkal District, Namakkal.
2. The Revenue Divisional Officer Tiruchencode, Namakkal District.
3. The Tahsildar Tiruchencode Taluk, Namakkal District.
4. The Inspector of Police Karattupalayam Police Station Namakkal District.
5. Raja Gounder, Trustee, Sri Aadhi Narayana Perumal Temple, Okkilipatti Village, Tiruchencode Taluk, Namakkal District.
6. The Assistant Commissioner, HR and CE Department, Namakkal.
(R6-suo motu impleaded as per order dated 28.03.2025 in W.P.No.11537/2025) ..Respondent(s) __________Page 1 of 6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to permit the village people of Okkilipatti Village to conduct Matheswaran Temple Festival scheduled to be held on 29.03.2025 at Matheswaran Temple, Okiilipatti Village, Rajapalayam Post, Tiruchencode Taluk, Namakkal District by considering the representation dated 19.03.2025 and pass. For Petitioner(s):
M.Kasivisvanathan For Respondent(s):
Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3 Mr.L.Baskaran Government Advocate (Crl.Side) for R4 Mr.V.Venkadasalam for R5
ORDER
This writ petition has been filed seeking a mandamus to respondents 1 to 4 to permit the villagers of Okkillipatti Village to conduct the festival which was scheduled to be held on 29.03.2025 at Matheswaran Temple, Okkillipatti Village, Rajapalayam Post, Tiruchengode Taluk Namakkal District, after considering the petitioner's representation dated 19.03.2025.
2. The petitioner's contention is that Sri Matheswaran Temple was constructed by the people of Okkillipatti village. Every year, the festival of Sri Matheswaran Temple is being conducted by the villagers. Accordingly, in the year 2025, the said festival was scheduled to be held on 29.03.2025. The petitioners would submit that the fifth respondent claiming to be the temporary __________Page 2 of 6
Trustee of Sri Adhi Narayana Perumal Temple is imposing restrictions upon the public and directing the poojaris to perform poojas after getting permissions from him. This was objected to by the villagers and a representation was made by the villagers that the festival has to be conducted by the people of Okkillipatti village. Since the representation dated 19.03.2025 was not considered, the petitioner is before this Court.
3. The fifth respondent has filed a counter statement inter alia denying the claim of the petitioner and contending that the civil Court had recognised the right of fifth respondent's Trust to conduct the temple festival. The records would show that the fifth respondent has filed a suit for injunction in O.S.No.281 of 2012 on the file of District Munsif Court, Tiruchengode, restraining the defendant (the petitioner herein) from interfering with the construction work of the temple and the administration of the Trust. It is the plaintiff's case that the temple belonged to the Trust and since the buildings had become dilapidated, the villagers had decided to reconstruct the temple and for this purpose the fifth respondent Trust was formed and registered.
Since the defendant in that suit had created problems, the Trust had filed the above suit for bare injunction. The suit was decreed and the defendant had filed an appeal, where again the decree was confirmed. Challenging the same, the defendant therein had filed SA.SR.101068 of 2023 with a delay of 403 days. This was taken on file in CMP.No.22297 of 2023. This Court by order dated 11.10.
was pleased to dismiss the said petition on the ground that the contention of the defendant therein that the plaintiff Trust has been formed without following the procedure and without involving the villagers was absolutely false on the basis of Ex.A1, the resolution dated 24.01.2010, which was passed by the villagers with regard to the formation of the Trust. This Court had also taken note of the fact that the defendant himself had also signed the said document. This Court in its order dated 11.10.2023 in CMP.No.22297 of 2023 in SA.SR.No.101068 of 2023 has observed as follows and the same is extracted hereunder : "10. ..... It is informed that the Kumbhabishegam in the temple has been held on 07.11.2011 much before the filing of the suit in question and the trust is smoothly running and managing the affairs of the temple. Therefore, on merits also the defendant has not made out any case for interfering with the judgment and decree of the Courts below."
4. Therefore, the civil Court having held that the right of administration of the temple vests with the fifth respondent Trust, the relief sought for by the petitioner cannot be entertained by this Court. Accordingly, the writ petition is dismissed. No costs.
05-01-2026 Index: Yes/No Speaking/Non-speaking order DS __________Page 4 of 6
To:
1. District Collector Namakkal District, Namakkal.
2. The Revenue Divisional Officer Tiruchencode, Namakkal District.
3. The Tahsildar Tiruchencode Taluk, Namakkal District.
4.The Inspector of Police Karattupalayam Police Station Namakkal District.
5.The Assistant Commissioner, HR and CE Department, Namakkal.
__________Page 5 of 6
P.T.ASHA, J.
DS 05-01-2026 __________Page 6 of 6