S.Murugesan v. The Executive Officer
W.P.No.32442 of 2025 M.DHANDAPANI, J., This petition is listed today, viz., 23.10.2025, under the caption 'for being mentioned' at the instance of the learned counsel on either side.
2. The learned counsel for the petitioner submitted that the Writ Petition Number has been erroneously typed as W.P.No.33442 of 2025 instead of W.P.No.32442 of 2025 in the cause title and the same has been transferred on 04.09.2025 and 15.10.2025 and uploaded in the web, therefore seeks for appropriate correction.
3. This Court perused the said order and finds that the Number of the Writ Petition has been wrongly typed as W.P.No.33442 of 2025 instead of W.P.No.32442 of 2025. Accordingly, W.P.No.33442 of 2025 shown in the cause title as well as in the docket portion shall stand modified as W.P.No.32442 of 2025 in the order dated 02.09.2025. Further, the order, corresponding to W.P.No.33442 of 2025 which was 1/7
transferred and uploaded in the Web on 04.09.2025 and 15.10.2025 shall be deleted. Registry is directed to make the aforesaid corrections and issue fresh order to the parties.
23.10.2025 Index:Yes/No;Internet:Yes/No Speaking /Non speaking Judgment ssd To
1. The Executive Officer, Arulmigu Prasanna Nanjudeswarar Swamy Thirukoil, Edappadi, Salem District
2. The Section Officer, Cause List Section, High Court, Madras 2/7
M.DHANDAPANI, J., ssd W.P.No.32442 of 2025 23.10.2025 3/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.09.2025
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.33442 of 2025 & WMP Nos.36359 and 36361 of 2025 S.Murugesan
...Petitioner
versus
1. The Executive Officer, Arulmigu Prasanna Nanjudeswarar Swamy Thirukoil, Edappadi, Salem District
2. S.Prasath
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings no.Nil dated 26.07.2025 and quash the same. For Petitioner : Mr.C.Prakasam For Respondents : Mr.K.Karthikeyan Government Advocate (HR&CE) 4/7
O R D E R
This Writ Petition has been filed to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings no.Nil dated 26.07.2025 and quash the same.
2. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents and perused the documents placed on record.
3. According to the petitioner, the petitioner is a oor gounder and per ancestor custom, the oor gounder alone is conducting festival at Arulmigu Chellandi Amman Thirukoil, Vellar Naickenpalayam, Avani Perur West Village, 213/3, Avani Perur West Village, Edappadi Taluk, Salem District with the consent of the village people, while so, the 1st respondent without conducting any enquiry issued impugned notice claiming himself as Thakkar indicating that the jewels, silvers and cash of Rs.75,000/- should be handed over to the 1st respondent. Further, though the said temple is under the control of HR & CE, till date, neither, poojari has been appointed nor the temple has been taken care, hence seeks to quash the impugned notice.
5/7
5. Per contra, the learned Government Advocate appearing for the 1st respondent contends that without any authority the petitioner is maintaining the temple and ornaments of the temple, therefore, the petitioner was directed to handover the same. Further, if the petitioner intends to be appointed as Poojari, he shall file an application before the HR & CE under Section 55 of HR & CE Act and without any authority, action of the petitioner as Poojari, is not sustainable, thereby pleaded to dismiss the petition.
6. Considering the facts and circumstances of the case and the submissions made on either side, this Court is inclined to direct the petitioner to submit an application for Poojari and upon receipt of the said application 1st respondent shall include the petitioner's application for appointment of Poojari, if not appointed already and the petitioner is directed to handover all the ornaments etc., which belongs to the temple to the 1st respondent, if not, the 1st respondent is directed to find out as to who is in possession of the same and recover, in accordance with law. With the above direction, the Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 02.09.2025 6/7
Index:Yes/No;Internet:Yes/No Speaking /Non speaking Judgment ssd M.DHANDAPANI, J., ssd To The Executive Officer, Arulmigu Prasanna Nanjudeswarar Swamy Thirukoil, Edappadi, Salem District W.P.No.33442 of 2025 02.09.2025 7/7