Suresh v. M.Vellaichamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)Nos.4041, 4046, 4047, 11700 and 11701 of 2025 1.Suresh 2.M.Raman 3.U.Chandran ... Appellants Vs.

1.V.Vellaichamy 2.The Tahsildar, Alangudi Taluk, Pudukkottai District.

3.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

4.The Executive Officer, Arulmigu Manonmaniyamman Temple, Keezharajaveethi, Pudukkottai.

... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.2151 of 2025 dated 28.01.2025 on the file of this Court. For Appellants : Mr.S.I.Muthiah For Respondents : Mr.A.Kannan, Addl. Government Pleader for R2.

Mr.M.Sakthikumar, Govt. Advocate (Crl. Side) for R3.

Mr.A.Balaji for R1 Mr.G.Madhavan for R4

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The case on hand pertains to carrying out renovation work for Sri Vadakkukottai Porpanai Kaliamman Thirukovil at Alangudi Taluk. It appears that in the village, there are two factions. The Tahsildar, Alangudi issued restraint order dated 08.01.2025. Challenging the same, one Vellaichamy filed W.P.(MD)No.2151 of 2025. The learned Single Judge quashed the order impugned in the writ petition and allowed the writ petition in the following terms:- 2/6

"4. Considering the submission and perusal of materials, it is found that the temple renovation work is carried out as per Government Scheme. The Executive Officer/ in-charge officer to oversee the construction. The purpose of renovation of temple is to have the temple Kumbabhisekam at the earliest and pooja to be performed and continued without any break. Filing of OA by the respondents 4 to 6 seeking a scheme, is no way connected to the issue of the renovation of the temple. The right of respondents 4 to 6 to be decided in O.A, which is pending before the Joint Commissioner, HR & CE Department, for that reason, the renovation work cannot be stalled and it is the time bound scheme. The action of the second respondent and order passed by the third respondent is not inconsonance with the law and procedure.

In view of the same, the impugned order passed by the respondents 1 and 2 is hereby set aside. The third respondent/Executive Officer to oversee the construction and ensure that the temple renovation work is completed within stipulated period and thereafter, Kumbabhisekam to be conducted without any delay. In the event of unnecessary obstruction, the second respondent police to take appropriate action against the obstructors."

Aggrieved by the same, the private respondents in the writ petition has filed this writ appeal.

3/6

3.After going through the materials on record, we are satisfied that Hindu Religious and Charitable Endowments Department has given its approval for carrying out thirupani works. The appellant has not challenged the said sanction order. Therefore, we do not find any ground to interfere with the order of the learned Single Judge. 4.Since Kumbabhisekam is going to be held under the aegis of the Executive Officer appointed by the Hindu Religious and Charitable Endowments Department, there is no question of excluding any section of the general public or devotee. The learned standing counsel for the Executive Officer particularly states that the appellant as well as his kinsmen can very well join the celebration like any other devotee. If the appellant is willing to offer donation, it will be gratefully accepted. 5.This writ appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (K.R.S. J.,) 04.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

To:

1.The Tahsildar, Alangudi Taluk, Pudukkottai District.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

5/6

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 04.08.2025 6/6