S.Ramarasu, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI WP Nos. 26270 of 2023 and 18860 of 2024 and WMP Nos. 20697 of 2024 and 25676 of 2023 S.Ramarasu, Petitioner(s) Vs
1. The District Collector Perambalur District, Perambalur.
2.The Assistant Commissioner Hindu Religious And Charitable Department, Perambalur.
3.The President Keezha Perambalur Panchayat, Keezha Perambalur, Kunnam Taluk, Perambalur District.
Respondent(s) WP No. 18860 of 2024 S.Ramarasu Petitioner(s) Vs
1. The Assistant Commissioner Hindu Religious And Charitable Endowments Deparment, Hindu Religious And Charitable Endowments Office, Rdo Campus, Perambalur, Perambalur District .The Inspector Hindu Religious And Charitable Endowments Department, Kunnam Taluk, Perambalur District 3.The Inspector Kunnam Police Station, Kunnam, Perambalur District 4.The President Keezhaperambalur Panchayat,
Keezhaperambalur Village, Kannam Taluk, Perambalur District 5.Kamaraj 6.Senthil 7.Selvaraj Respondent(s) PRAYER in WP No. 26270 of 2023:
Petition filed under Article 226 of Constitution of India forbearing the respondents from constructing any building in the land situated in 228/4 Keezha Perambalur Village owned by A/m. Aiiyanaar temple PRAYER in WP No. 18860 of 2024:
Petition filed under Article 226 of Constitution of India, directing the respondents 1 to 3 to forbear the respondents 4 to 7 from interfering with the functionality of the hereditary trustees of A/M Aiiyanar temple of Keezhapermabalur village, Kunnam Taluk, Perambalur District WP.No.26270 of 2023 For Petitioner(s):
Ms.B.N.Sivagama SundariS.Ramachandran For Respondent(s):
Mr.K.Karthikeyan for R2 Government Advocate (HR&CE) Mr.V.Yamunadevi for R1 & R3 Special Government Pleader WP.No.18860 of 2024 For Petitioner(s):
Ms.B.N.Sivagama Sundari For Respondent(s):
Mr.K.Karthikeyan for R1 & R2 Government Advocate (HR&CE) Mr.V.Yamunadevi for R3 & R4 Special Government Pleader No appearance for R5 to R7 COMMON ORDER WP.No.26270 of 2023 has been filed forbearing the respondents from constructing any building in the land situated in 228/4 Keezha Perambalur Village owned by A/m. Aiiyanaar temple.
WP.No.18860 of 2024 has been filed directing the respondents 1 to 3 to
forbear the respondents 4 to 7 from interfering with the functionality of the hereditary trustees of A/M Aiiyanar temple of Keezhapermabalur village, Kunnam Taluk, Perambalur District.
2. Since the issue arises out of the very same issue, these writ petitions are heard together and disposed of by way of this common order.
3. It is the case of the petitioner that the petitioner is one of the hereditary trustee of the subject temple has been performing all the rituals till date. The temple is Kuladeivam for many people in and around the Perambalur District. The temple has one poosari and two assistants to support cleaning and maintaining the temple. That being so, the Assistant Commissioner, HR&CE, Perambalur cancelled the hereditary trustee vide proceedings dated 12.06.2008. Hence, the petitioner along with other hereditary trustees filed O.A.No.12 of 2009 on the file of the Joint Commissioner, Tiruchirappalli to cancel the order of the first respondent. This Court vide order dated 19.07.2011 in WP.No.16886 of 2011 has ordered to maintain status quo, therefore, the petitioners and other trustee are performing the daily rituals.
It is the grievance of the petitioner that though this Court ordered status quo, the third respondent/Inspector, Kunnam Police Station has sealed the Hundi of the temple. The Joint Commissioner allowed the O.A.No.12 of 2009 and confirmed the hereditary trustee of the petitioner of the subject temple.
4. It is the further contention that though the Joint Commissioner has allowed the application, the Takkar appointed for the interregnum period, did
not hand over the keys to the petitioner. Hence, once again, the petitioner requested the Joint Commissioner, the Joint Commissioner vide letter dated 30.05.2024 directed the Takkar to implement the order, however, the same was not implemented. When the petitioner was not in village, the fifth respondent namely the husband of the Panchayat broke open the hundi. Hence, the writ petition in WP.No.18860 of 2024 is filed directing the respondents 1 to 3 to forbear the respondents 4 to 7 from interfering with the functionality of hereditary trustees of the subject temple. Another writ petition is filed by the petitioner in WP.No.26270 of 2023 seeking for forbearing the respondents from the constructing buildings particularly Panchayat Building situated in S.No.228/4, Keezha Perambalur Village owned by Aiiyanar temple.
5. The learned counsel for the petitioner submitted that apart from looting the Hundi, the fifth respondent is trying to construct the building in S.No.228/4, Keezha Perambalur Village owned by Aiiyanar temple, in which, the petitioner is one of trustee, hence, seeks for forbearing the writ petitioners. It is her further contention that once the Joint Commissioner of Tiruchirapalli has confirmed the appointment of the petitioner as Hereditary Trustee of the temple vide order dated 02.04.2024, neither the fourth respondent nor the husband of fifth respondent has no right to interfere with the administration of the temple property.
6. The learned Government Advocate (HR&CE) fairly submitted that the petitioner was declared as one of the hereditary Trustee vide order dated
02.04.2024 by the Joint Commissioner, Tiruchirappalli, the private respondents have no right to interfere with the peaceful administration of the petitioner.
7. In view of the above, once the petitioner was declared as one of the Hereditary Trustee, as rightly pointed out by the learned counsel for either side, the private respondents nor the Panchayat has no right to interfere with the functionality of the hereditary trustees of A/M Aiiyanar temple of Keezhapermabalur village, Kunnam Taluk, Perambalur District. Accordingly, the writ petition in WP.No.18860 of 2024 is disposed of. Consequently, connected miscellaneous petition stands closed.
8. With regard to the WP.No.26270 of 2023, the learned Special Government Pleader submitted that with regard to the superstructure built in the temple land by the Keezha Perambalur Panchayat, the hereditary trustee and the officials respondent shall consider their request and may fix appropriate fair rents.
9. In view of the above limited request made by the Keezha Perambalur Panchayat, the President of Keezha Perambalur Panchayat shall donate the superstructure in favour of the temple, after accepting donation, the official respondent, the petitioner and other hereditary trustee is directed to fix the fair rent for the panchayat buildings. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this Order.
10. Accordingly, the writ petition in WP.No.26270 of 2024 is disposed of. Consequently, connected miscellaneous petition stands closed. 09-03-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Perambalur District, Perambalur.
2.The Assistant Commissioner Hindu Religious And Charitable Department, Perambalur.
M.DHANDAPANI J.
dhk 3.The Assistant Commissioner Hindu Religious And Charitable Endowments Deparment, Hindu Religious And Charitable Endowments Office, Rdo Campus, Perambalur, Perambalur District 4.The Inspector Hindu Religious And Charitable Endowments Department, Kunnam Taluk, Perambalur District 5.The Inspector Kunnam Police Station, Kunnam, Perambalur District
WP Nos. 26270 of 2023 and 18860 of 2024 09-03-2026