Madras High CourtWA(MD)/304/2025disposed of

Arulmigu Kailasanathar Nithya Kalyani Amman Temple v. The Assistant Commissioner

2025-02-13Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13/02/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.2309 and 2311 of 2025 Arulmigu Kailasanathar Nithya Kalyani Amman Temple Rep. by is Authorized Signatory Annamalai ... Appellants Vs 1.The Assistant Commissioner, Hindu Religioius and Charitable Endowment Department Paramakudi now at Sivagangai 2.Fit Person/the Executive Officer, A/m. Muthumari Amman Temple Karaikudi Sivagangai District ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 10.02.2025 in WMP(MD) No.2522 of 2025 in WP(MD). No. 3567/2025.

For Appellant : Mr.AN.Ramanathan For Respondents : Mr.J.Ashok for R1 1/4

Additional Government Pleader Mr.C.Guhaseela Rupan for R2

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.) The writ appeal is filed against the interim order dated 10.02.2025 passed by the writ Court in WMP(MD) No.2522/2025 in WP(MD) No. 3567/2025, wherein, the appellant/writ petitioner was directed to approach the civil Court by filing appropriate application in the pending suit filed in OS No.43/2024..

2. Even though elaborate submissions were made by both sides, the present dispute between the parties is celebrating Kumbabhishekam, which is scheduled on 16.02.2025. It is represented that already the preparation have started from today.

3. In view of the above, without going into the merits of the issue or the contentions of the parties, the committee formed by the Trustees along with the Fit Person are permitted to conduct the Kumbabhishekam. It is made clear that the issue between the parties can be decided in the 2/4

pending writ petition as well as in the pending suit.

4. With the above direction, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 13.02.2025 NCC : Yes/No Index : Yes/No Office to Note: Order copy by today itself. (13.02.2025) RR TO 1.The Assistant Commissioner, Hindu Religioius and Charitable Endowment Department Paramakudi now at Sivagangai 2.Fit Person/the Executive Officer, A/m. Muthumari Amman Temple Karaikudi Sivagangai District 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.304 of 2025 Date : 13/02/2025 4/4