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Madras High CourtWP/32723/2025disposed of with direction

V.Arunkumar v. The District Collector

2025-10-13Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.41222 of 2025 V.Arunkumar No 404,Vanniyar Nagar, Pillayar Nagar, Alagapuram Periyapudur, Salem 636 016 Petitioner(s) Vs 1.The District Collector Office Of The District Collector, Salem.

2.The Revenue Divisional Officer, Salem, Salem District.

3.The Tahsildar, Salem West, Salem, Salem District.

4.R.Sekar Respondent(s) Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 3 to

open the temple namely, Arulmighu Rajaganapathy Temple, Alagapuram Periyapudhur, Salem District by considering and passing necessary orders on the Representation of the Petitioner dated 20.08.2025. For Petitioner(s):

Mr.K.Selvaraj Mrs.Sugirdha Selvaraj For Respondent(s):

Mr.P.Ganesan, Additional Government Pleader, for RR1 to 3 Ms.P.Veena Suresh, for R4

ORDER

This Writ Petition has been filed for a direction to the respondents 1 to 3 to open the temple namely, Arulmighu Rajaganapathy Temple, Alagapuram Periyapudhur, Salem District by considering the representation of the Petitioner dated 20.08.2025.

2.The case of the petitioner is that the petitioner is a worshipper of the Alagapuram Periyapudur temple, which was jointly purchased by a group of trustees by a Registered Sale Deed dated 19.03.1984. The further case of the petitioner is that after the demise of one S.Venkatachalam, who is one of the

trustees of the said Temple, his legal heirs namely, V.Ramasamy, R.Vairam, R.Sekar (4 th respondent herein) and S.Hariharan, were included as the trustees of the said Temple. Thereafter, it was alleged that the newly included trustees of the temple intervened and caused disturbance in the administration of the Temple and therefore, the other trustees of the temple filed a suit in O.S.No.52 of 2024 before the Principal District Munsif Court, Salem. Thereafter the third respondent herein conducted a peace meeting by calling upon all the parties concerned and passed a Preliminary Order that the Temple would be under lock and key till the disposal of the suit in O.S.No.52 of 2024. Therefore, the petitioner has filed the present Writ Petition for a direction to the Revenue Authorities/respondents 1 to 3 to consider his representation dated 20.

08.2025 and to open the temple for the general public to worship in the Temple. 3.The learned counsel for the petitioner submitted that merely because a suit in O.S.No.52 of 2025 has been filed by certain trustees of the Temple challenging the inclusion of certain other trustees, the Temple need not be locked, preventing the general public from worshipping the Temple.

counsel therefore, sought for a direction to the respondents 1 to 3 to open the Temple, by considering his representation dated 20.08.2025. 4.The learned counsel for the fourth respondent, who is one of the trustees of the temple, vehemently contended that the said Temple cannot be opened for the worship of the general public until the suit is O.S.No.52 of 2024 on the file of the Principal District Munsif Court, Salem is decided. 5.Heard the learned counsel on either side and perused the materials available on record.

6.This Court is of the opinion that if any interim order has been passed in the Suit in O.S.No.52 of 2024 preventing the general public from worshipping in the temple, then the fourth respondent's may have a grievance not to open the temple but, in the absence of any such interim order, if as per the trust deed the general public were allowed to worship in the said temple, then the same cannot be prevented by the fourth respondent or the other trustees of the temple.

7. In view of the above, the third respondent is directed to open the temple for the benefit of the general public to worship in the temple, if there is no interim order passed by the civil court in O.S.No.52 of 2024 restraining the general public from worshipping in the temple. However, this Court restrains from observing anything on the merits of the suit in O.S.No.52 of 2024 pending on the file of the Principal District Munsif Court, Salem in between the fourth respondent and the other trustees of the Temple. 8.The Writ Petition is accordingly disposed of . No costs. Consequently, the connected miscellaneous petition is closed. 13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

1.The District Collector Office Of The District Collector, Salem.

2.The Revenue Divisional Officer, Salem, Salem District.

3.The Tahsildar, Salem West, Salem, Salem District.

M.DHANDAPANI J.

Tsg 13-10-2025