Dharmapuram Adheenam Kattalai Mutt v. Hereditary Sthanigars Society For

THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.04.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Rev.Aplw.No.113 of 2025 and W.M.P.No.19881 of 2024 Dharmapuram Adheenam Kattalai Mutt, Represented by Thambiran, Sri La Sri Kandswami Thambiran Swamigal South Streeet, Thirunallar,KAraikal District, Union Territory of Puducherry ...Review Petitioner/5th Respondent Vs

1. Hereditary Sthanigars Society for Sri Dharbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallur , ( Parambarai Sthanigar Sangam) Rep by its President, S.P.S. Nathan @ Amurdheswaranathan, No.4, Vellar Street,Thirunallar

2. The District Collector and Special Officer ( Temples) Sri Dharbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Karaikal District

3. The Senior Superintendent of Police, 1/6

4. The Commissioner, Hindu Religious and Charitable Endowment Board,

5. The Executive Officer, Sri Dharbraneswar Swami Devasthanam, Sri Saneswara Bhagavan Temple, Thirunallar, Karaikal District.

...Respondents

PRAYER: This petition is filed under order XLVII Rule 1 r/w 114 of CPC to review the order passed in W.P.No.19881 of 2024 dated 23.08.2024 and allow the Review application and pass orders. For Petitioner : Mr. K. Duraisami, Senior Advocate for Kandhan Duraisami For Respondent-1 : Mr.L.Chandrakumar For Respondent - 2 : Mr.V.Vasantha Kumar, AGP

ORDER

This petition is filed to review the order passed in W.P.No.19881 of 2024 dated 23.08.2024.

2. This Court vide order dated 23.08.2024 disposed of the writ petition with the following directions:

(i) The Keys of the Maragadalingam should not be given to any persons other than the person, who are entitled to handle the same.

(ii) The Executing Officer in person shall handle the keys and not his/her associates.

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(iii) The Concerned authorities are directed to consider the representation of the petitioner dated 13.01.2024 and pass a detailed order with a period of four weeks from the date of receipt of a copy of this order.

(iv)Further, the person/outsiders, whoever is visiting the Madam/Mutt shall first register themselves with Aadhar Card/ proper Proof of Identification and can be permitted to stay in the Mutt but they cannot be permitted to move unauthorisedly in the Mutt, particularly to the place where the keys are preserved. Consequently, connected miscellaneous petition is closed. No costs.

3.It is the submission of the petitioner herein that the prayer sought for by the petitioner in the writ petition is not maintainable. In respect of the Mutt the patta stands in the name of Sri Dharmapuram Adheenam and the object of the Mutt is to take care of the Pilgrims/devotees visiting the mutt and there cannot be any restrictions on them as stated in the clause(iv) of the order dated 23.08.2024. He further submitted that the positive directions of this Court to register the visitors of the Mutt with Aadhar Card/ proper proof of Identification would defeat the object and charity of the Mutt.

4. This Court is of the view that there is no infirmity in the orders passed by this Court in W.P.No.19881 of 2024 dated 23.08.2024. 3/6

However, considering the submission made by the petitioner the order passed in W.P.No.19881 of 2024 dated 23.08.2024 is modified to the effect that the representation given by the petitioner to the respondents in the writ petition on 13.01.2024 shall be considered on its own merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that before passing orders in the representation the respondents are directed to provide an opportunity of personal hearing to the petitioner herein who can defend their case in the manner known to law. Further, with regard to handling of the keys of Maragadalingam the concerned Executive Officer shall be there and in his presence the same shall be opened and those who violate this procedure shall be held responsible for their act. It is made clear if any objection is raised with regard to handling of the keys of Maragadalingam the concerned HR&CE Department should solve the issue as per the procedure established.

5. Except for the above modification, all other observations made in W.P.No.19881 of 2024 dated 23.08.2024 remains intact. Furthermore 4/6

with regard to the other limb of the prayer as sought for by the petitioner to relax the restrictions on the pilgrims/devotees visiting the mutt, this Court is not inclined to modify the same.

6. With the above observations this petition is disposed of. No costs.

17.04.2025 Index:Yes/No Speaking order/Non-speaking order smn To.

1. Hereditary Sthanigars Society for Sri Dharbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Thirunallur , ( Parambarai Sthanigar Sangam) S.P.S. Nathan @ Amurdheswaranathan, No.4, Vellar Street,Thirunallar

2. The District Collector and Special Officer ( Temples) Sri Dharbaraneswar Swami Devasthanam, Sri Saneswara Bhagwan Temple, Karaikal District

3. The Senior Superintendent of Police, 5/6

V.BHAVANI SUBBAROYAN,J.

smn Rev.Aplw.No.113 of 2025 and W.M.P.No.19881 of 2024 17.04.2025 6/6