S.R.Nallasivam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. S.R.Nallasivam Petitioner(s) Vs

1. The District Collector, Erode District, Erode.

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

3.The Tahsildar, Modakkurichi Taluk, Modakkurichi, Erode District.

4.Saravanan, 5.S.Jayavel, 6.Umadevi 7.The Inspector Of Police, Modakkurichi Police Station, Modakkurichi, Erode District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.11.2025 within a stipulated time fixed by this Court.

For Petitioner :

Mr.C.Prakasam For Respondent:

Mr.S.Rajesh, Government Advocate for R1 to R3 Mr.L.Baskaran Government Advocate (Crl. Side) for R7

ORDER

The petitioner seeks a direction to the 2nd respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 10.11.2025 within a stipulated time fixed by this Court. 2.It is the case of the petitioner that he is the Hereditary Trustee of a Private Temple, viz., Arulmigu Sakthi Vinayakar and Pottusamy Kovil, Nanjaiuthukuli Village, Chavadipalayampudur, Modakkurichi Taluk, Erode District. The petitioner filed a suit against the 4th respondent and others and obtained interim orders in O.S.No.602 of 2015 on the file of the District Munsif Court, Erode. Thereafter the petitioner approached this Court by way of a writ petition and pursuant to the orders of this Court in W.P.No.34055 of 2017, dated 05.04.2019, the 3rd respondent passed an order dated 23.11.2023 directing that the daily poojas should be conducted by the petitioner and the respondents 4 and 5 and to hand over the key to the petitioner and the respondents 4 and 5.

However, the 6th respondent came and locked the temple without any basis. Therefore, the petitioner filed a Contempt Petition in Cont.P.No.1237 of 2025 and the same was closed on 09.07.2025 recording the statement of the respondents 3 and 4 that they handed over the key to the petitioner and the petitioner can conduct regular pooja without any interference. However, now, the private respondents are once again creating problems. Therefore, the petitioner submitted a representation to the 2nd respondent on 10.11.2025 to permit the petitioner to conduct daily poojas in the above said Temple without any interference of the respondents 3 to 6, but no order has been passed so far. Hence, the present writ.

3.Mr.S.Rajesh, learned Government Advocate, takes notice for the respondents 1 to 3. Mr.L.Baskaran, learned Government Advocate (Crl. Side), takes notice for the 7th respondent.

4.By consent of both sides, the matter is taken up for final disposal at the admission stage itself.

5.Admittedly, the petitioner has filed a suit in O.S.No.602 of 2015 on the file of the District Munsif Court, Erode, and has obtained interim orders and the suit is still pending. Therefore, no orders can be passed in this writ petition to consider the request of the petitioner. It is always open to the petitioner to

approach the Civil Court and obtain necessary orders. It is for the Civil Court to decide the lis between the parties.

6.With these observations, this writ petition is disposed of. No costs. 16-12-2025 mkn Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector, Erode District, Erode.

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

3.The Tahsildar, Modakkurichi Taluk, Modakkurichi, Erode District.

4.The Inspector Of Police, Modakkurichi Police Station, Modakkurichi, Erode District.

N.SATHISH KUMAR J.

mkn 16-12-2025