M.Ponnuchamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.3551 of 2025 M.Ponnuchamy ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul, Dindigul District.

4. The Tahsildar, Taluk Office, Natham Taluk, Dindigul District.

5. The Inspector of Police, Natham Police Station, Natham, Dindigul District.

6. Suresh

7. Rasu

8. Muniyandi

9. Krishnan ... Respondents Page No. 1 of 8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1,3 to 5 to unlock the Arulmighu Sri Baalamalaiyandi Swami, Sri Thottichiyamman and Sri Karuppasamy temple situated at Palamalaiyanpatty, Senthurai Village, Natham Taluk, Dindigul District and consequently directing the above respondents 1, 3 to 5 to permit the temple festival in the above Arulmighu Sri Baalamalaiyandi Swami, Sri Thottichiyamman an dSri Karuppasamy temple situated at Palamaliyanpatty, Senthural Village, Natham Taluk, Dindigul District as scheduled to be conducted on the day of Thaipoosam which falls on 11.2.2025 on the basis of the petitioner's representation dated 20.01.2025.

For petitioner : Mr.B.N.Raja Mohammed For Respondent Nos.1 to 4 : Mr.N.Senthil Ayyanar Government Advocate For Respondent No.5 : Mr.R.M.Anbunithi Additional Public Prosecutor For Respondent Nos.6 to 9 : Mr.A.Thiyaga Rajan *****

O R D E R

This writ petition has been filed seeking direction, directing the respondents 1,3 to 5 to unlock the Arulmighu Sri Baalamalaiyandi Swami, Page No. 2 of 8

Sri Thottichiyamman and Sri Karuppasamy temple situated at Palamalaiyanpatty, Senthurai Village, Natham Taluk, Dindigul District and consequently directing the above respondents 1, 3 to 5 to permit to conduct the temple festival in the above Arulmighu Sri Baalamalaiyandi Swami, Sri Thottichiyamman and Sri Karuppasamy temple situated at Palamaliyanpatty, Senthural Village, Natham Taluk, Dindigul District as scheduled to be conducted on the day of Thaipoosam which falls on 11.2.2025 on the basis of the petitioner's representation dated 20.01.2025.

2. According to the petitioner, as a hereditary temple priest, the petitioner performing Poojas of Arulmighu Sri Baalamalaiyandi Swami, Sri Thottichiyamman and Sri Karuppasamy temple situated at Palamalaiyanpatty, Senthurai Village, Natham Taluk, Dindigul District. The petitioner was enrolled as a life member of the village temple priest association (Grama Kovil Poojarigal Peravai). He is performing poojas for the above said temples for the past two generations. Prior to six months one one Suresh, Rasu, Muniyandi, Krishnan who are all respondent Nos.6 to 9 herein are belonged to the same village, had trespassed into the temple by breaking the lock of the temple to take over the temple administration and continues in disrupting the performance of Page No. 3 of 8

daily poojas and worships in the said temple. Now, the petitioner wants to conduct festival on 11.02.2025 on account of Thaipoosam festival. But, the respondent Nos.6 to 9 locked the temple. Therefore, the petitioner sent a representation on 22.01.2025. But, the respondent Nos.1 to 5 have not taken any steps to resolve the said issue. Hence, the present writ petition has been filed.

3. The learned Government Advocate appearing for the respondent Nos.1 to 4 would submit that there is a dispute pending between the both the parties regarding the administration of the said temple and thereby each parties have locked the temple separately. Without resolving the issue, the petitioner cannot seek any direction from this Hon'ble Court. He further submit that though the representation has been received only on 21.01.2025, the respondents are agreed to complete the enquiry and dispose of within a period of one week.

4. The learned Counsel appearing for the respondent Nos.6 to 9 would submit that there is a dispute pending between the parties regarding the administration of the Arulmighu Sri Baalamalaiyandi Swami, Sri Thottichiyamman and Sri Karuppasamy temple situated at Page No. 4 of 8

Palamalaiyanpatty, Senthurai Village, Natham Taluk, Dindigul District and thereby 6 to 9 respondents earlier conducted Poojas and they have possession of the temple key. Therefore, due to some dispute between the parties, the petitioner also put another lock in the temple. Therefore, they themselves locked the temple, and now filed this petition.

5. After elaborate arguments, both side counsels are agreed to conduct festival on time slot basis. Therefore, both the parties are agreed to remove the locks. On account of Thaipoosam festival scheduled to be held on 11.02.2025, the petitioner is agreed to perform Poojas and worship between 11.00a.m. To 02.00p.m. The respondent Nos.6 to 9 are agreed to perform Poojas and worship between 07.00a.m.to 10.00a.m. Both the parties are agreed to have two sets of common lock and key with their custody. On account of Thaipoosam festival, the temple has to be kept open from 06.00a.m. To 08.00p.m. Thereafter, common lock has to be put up in the temple, in which the parties have custody of two set of keys separately. Whenever, villagers want to have Darshan they can approach the parties.

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

10.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn Note:

Issue order copy on 10.02.2025 Page No. 6 of 8

To 1.The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Dindigul, Dindigul District.

4. The Tahsildar, Taluk Office, Natham Taluk, Dindigul District.

5. The Inspector of Police, Natham Police Station, Natham, Dindigul District.

Page No. 7 of 8

P.DHANABAL,J gvn W.P(MD) No.3551 of 2025 10.02.2025 Page No. 8 of 8