P. Suresh Kumar v. K. Praveen Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WA No. 2920 of 2025 AND CMP Nos.23666,23665 and 23663 OF 2025 P. Suresh Kumar S/o. Ponnusami, No.37, Karupparayan Kovil St, Maruthamalai Road, Coimbatore 641 041.
..Appellant Vs
1. K. Praveen Kumar S/o. Karuppanna Gounder, No.412, Sunnabukaari Thottam, Anthiyur Taluk, Erode Dt 638 502.
2. The Commissioner Hind Religious And Chritable Endowments Department, No 119, Uthamar Gandhi Salai Nungambakka, Chennai 600 034
3. The Joint Commissioner Coimbatore Hindu Religious And Charitable Endowments Department, Commercial Tax Office Complex, Dr. Balasundaram Road, Coimbatore 641 018
4. The Inspector of Police Vadavalli Police Station, Coimbatore District
5. R. Muthusamy
Chairman Board Of Herediatry Trustees, Arulmigu Karuparayan And Mariamman Temple Linganoor, Perur Taluk, Coimbatore 641 041
6. K.C. Krishnaraj S/O K. Chinnappan Hereditary Trustee, Arulmigu Karuparayan And Mariamman Temple Linganoor, Perur Taluk, Coimbatore 641 041
7. P. Marudhachalam S/O K. Palanisamy Gounder, Hereditary Trustee Arulmigu Karupparayan And Mariamman Temple Lingnoor, Perur Taluk Coimbatore 641 041
8. L.N. Ganeshan S/O Nangappagounder, Hereditary Trustee Arulmigu Karupparayan And Mariamman Temple Lingnoor, Perur Taluk Coimbatore 641 041 ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to allow this Writ Appeal and set aside the order of the learned judge dated 18.08.2025. For Appellant :
Ms.Theepa Murugesan For Respondents :
Mr.C.P.Sivamohan for Mr.Pa. Saigovindaraja - for R1 Mr.S.Ravichandran Additional Government Pleader - For R2 and R3 Mr.E.Veda Bhagat Singh Special Government Pleader - For R4
Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra Court appeal has been directed against the order passed by the Writ Court made in W.P.No.31037 of 2025 dated 18.08.2025.
2. The writ petitioner is one K.Praveen Kumar, who is the first respondent herein, who was appointed as Poojari of the temple called Arulmighu Karupparayan and Mariamman Thirukkovil at Linganoor, Perur Taluk, Marudhamalai Road, Coimbatore District by order of the Trustees of the temple dated 10.02.2025.
3. Despite the said appointment having been made in respect of the first respondent / writ petitioner, it is the case of the first respondent / writ petitioner that the private respondents in the writ petition ie., respondents 5 to 7 are preventing the petitioner from performing the pooja to the God in the pretext that the 8th respondent viz., P.Suresh Kumar who is the present appellant, claimed to be the hereditary poojari of the temple and despite his
claim as hereditary poojari since his claim was not considered and the writ petitioner since was appointed as Poojari by the proceedings of the Trustees dated 10.02.2025, therefore the writ petitioner had approached the writ Court by filing the said writ petition seeking for a Writ of Mandamus directing the respondents 1 to 3 ie., official respondents to take appropriate action against the respondents 5 to 8 in the writ petition, who are the private parties including the present appellant for obstructing the writ petitioner from performing pooja at the temple.
4. The learned Writ Court, after having considered the said factual matrix, has come to the conclusion that, insofar as the appointment made in favour of the writ petitioner by order dated 10.02.2025 is still intact as the same has not been questioned or challenged by anyone including the 8th respondent, who claimed to be the hereditary poojari, who is the appellant herein and without having made any challenge to the order of appointment, the writ petitioner cannot be prevented from performing the pooja. Therefore, mandamus was issued with a direction that if any preventive
activities are undertaken by the private respondents therein, necessary security by way of police protection can be sought for.
5. Ms.Theepa Murugesan learned counsel for the appellant made an attempt to assail the said order by stating that the first respondent herein / writ petitioner by making some misrepresentation, had secured the order of appointment as Poojari by order dated 10.02.2025 and the Trustees also had no jurisdiction or authority to make such an appointment when a claim was made by the present appellant as hereditary poojari and that the order dated 10.02.2025 itself was unlawful and therefore, based on which no right can flow on the writ petitioner ie., the first respondent herein.
6. Be that as it may. The order dated 10.02.2025 is still intact as observed by the learned Judge through the impugned order. Unless and until it is modified, varied or set aside in the manner known to law, the order has to be executed. By the order impugned herein, the learned Judge has given a direction to execute that order by permitting the writ petitioner to act as
Poojari of the temple. Therefore, that approach of the learned Judge as well as the reasoning and conclusion reached by the Writ Court cannot be found fault with. Accordingly, the writ appeal is liable to be dismissed and it is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
7. However, the dismissal of the writ appeal would not preclude the present appellant ie., the 8th respondent in the writ petition in making an attempt to challenge the order of appointment made in favour of the writ petitioner / first respondent herein as Poojari of the temple in the manner known to law.
(R.S.K.,J.) (H.C.,J.) 25-09-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The Commissioner Hind Religious And Chritable Endowments Department, No 119, Uthamar Gandhi Salai Nungambakka, Chennai 600 034
2. The Joint Commissioner Coimbatore Hindu Religious And Charitable Endowments Department, Commercial Tax Office Complex, Dr. Balasundaram Road, Coimbatore 641 018
3. The Inspector of Police Vadavalli Police Station, Coimbatore District
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST 25-09-2025