Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.29169 of 2024 Palanisamy ... Petitioner Vs

1. The District Collector, Erode District.

2. The District Superintendent of Police, Erode District.

3. The Revenue Tahsildar cum Executive Magistrate, Sathyamangalam Taluk, Erode District.

4. The Inspector of Police, Sathyamangalam Police Station, Erode District.

5. Nanjaraj ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first to fourth respondents to perform the 'Kudamuzhukku Vizha' function for Bathrakaliamman Temple 1/5

situated in Anganna Gounden Puthur as per the order in Pa.Mu.1742/2024/A3 dated 10.08.2024 passed by the third respondent by considering the petitioner's representation dated 29.08.2024. For Petitioner : Mr. M.Karthik For Respondents : Mr.R.Vinothraja, Govt. Advocate (Crl. Side) for R1 to R4 Mr.D.Veerasekaran (for R5)

O R D E R

This Writ Petition has been filed to direct the first to fourth respondents to perform the 'Kudamuzhukku Vizha' function for Bathrakaliamman Temple situated in Anganna Gounden Puthur as per the order in Pa.Mu.1742/2024/A3 dated 10.08.2024 passed by the third respondent.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. On a perusal of the order passed by the third respondent, it is revealed that the persons hailing from Thasaripalayam and Sengottai Nagar have no right to conduct any festival in respect of Bathrakaliamman Temple. 2/5

Further, since they have no right, no tax is to be collected from them. However, they can donate money on behalf of the Temple. Further, it was directed that the persons who belong to Anganna Gounden Puthur Village can perform the festival, such as Kudamuzhukku Vizha, etc., for the Bathrakaliamman Temple. However, this order has been challenged by the fifth respondent before the Revenue Divisional Officer, and it is pending for adjudication.

4. Therefore, the petitioner belongs to Sengottai Nagar, and even as per the order passed by the third respondent, the petitioner has no right over the Temple, and he seeks a direction to conduct Kudamuzhukku Vizha by the respondents 1 to 4 herein. The respondents 1 to 4 are officials, and they cannot conduct any Kudamuzhukku Vizha for Bathrakaliamman Temple. That apart, the appeal filed by the fifth respondent is also pending before the Revenue Divisional Officer. In view of the above, the direction sought in this Writ Petition cannot be granted, and it is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed. Consequently, the 3/5

connected Miscellaneous Petition is closed. No costs. 23.04.2025 Index:Yes/No kv To

1. The District Collector, Erode District.

2. The District Superintendent of Police, Erode District.

3. The Revenue Tahsildar cum Executive Magistrate, Sathyamangalam Taluk, Erode District.

4. The Inspector of Police, Sathyamangalam Police Station, Erode District.

5. The Public Prosecutor, High Court of Madras.

4/5

G.K.ILANTHIRAIYAN, J.

kv 23.04.2025 5/5