Mani @ Manimaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Mani @ Manimaran ... Petitioner vs.

1.The State of Tamil Nadu, Rep., through its The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Sub-Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam.

5.S.K.Rajendran 6.T.K.Murugan 7.S.P.Paulrajkumar ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to consider the petitioner's representation dated 11.02.2025 to open the temple lock to enable the public/community people to offer to daily pooja in "Arulmigu Sri Marakammal Pommaiya Samy Temple" situated at A.Kokkuklam, Sathangudi, Thirumangalam Taluk, Madurai District and to pass appropriate order within a time stipulated by this Court.

For Petitioner : Mr.P.M.Vishnu Varthanan For R1 to R3 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.M.Karunanithi Government Advocate *****

O R D E R

There is an existence of temple under the name and style of "Arulmigu Sri Marakammal Pommaiya Samy Temple" situated at A.Kokkulam, Sathangudi, Thirumangalam Taluk, Madurai District. The petitioner claims that erstwhile office bearers i.e., respondents 5 to 7 herein are illegally interfering with the right of the present office bearers. The writ petition has been filed seeking an order directing the respondents 1 to 4 to open the temple lock to enable the public to offer daily worship.

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2. I heard Mr.P.M.Vishnu Varthanan for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader, who takes notice for the respondents 1 to 3 and Mr.M.Karunanithi, learned Government Advocate, who takes notice for the fourth respondent.

3. The counsels in unison state neither the Revenue Department nor the Police had placed the lock around the temple. Hence, It is a private dispute between the petitioner and the respondents 5 to 7.

4. Mr.Vishnu Varthanan states that the right of the public to worship and to offer prayers to the deity has been interfered with by the respondents 5 to 7.

5. It will be certainly open to the existing office bearers to approach the jurisdictional civil Court for any order to open the temple premises for the purpose of offering worship on a daily basis or for the performance of special prayers during the ensuing Sivarathiri. Apart from that, incase there is any law and order issue, it is always open to the 3/5

third respondent or the jurisdictional Executive Magistrate to initiate proceedings under Section 164 of BNSS, 2023 and pass appropriate orders.

5. With the above direction, this Writ Petition is disposed of. No costs.

Index :Yes / No 21.02.2025 Internet :Yes / No NCC :Yes / No Rmk To 1.The State of Tamil Nadu, Rep., through its The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Sub-Inspector of Police, Thirumangalam Taluk Police Station, Thirumangalam.

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V. LAKSHMINARAYANAN, J.

Rmk 21.02.2025 5/5