Kamatchi Vairamoorthy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Kamatchi Vairamoorthy ... Petitioner -vs1.The District Collector, Karur District, Karur.
2.The Assistant Commissioner, HR & CE Department, Karur District.
3.The Revenue Divisional Officer, Karur Sub Division, Karur District.
4.The Tahsildar, Kadavur Taluk, Karur District.
5.The Inspector of Police, Palaviduthi Police Station, Karur District.
6.P. Kanthan (R6 is suo motu impleaded vide order dated 15.05.2025) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to continue the petitioner to maintain the accounts and administration of the temple namely Sri
Elu Kannimar Kovil with allied temples situated at Santhuvarpatti Village for the upcoming festival the Tamil Months of ''Vaikasi and Aadi'' month i.e. on 15.05.2025 Sayanam Ketkum Festival without the influence of the illegal resolution dated 06.04.2025, passed by village people under the influence of local politicians, by considering the petitioner's representation dated 01.05.2025. For Petitioner : Mr.R.Anandha Raj For R1, R3 and R4 : Mr.C.Satheesh Government Advocate For R2 : Mr.M.Ajmalkhan Additional Advocate General Assisted by Mr.SS.Madhavan Additional Government Pleader For R5 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side) For R6 : Mr.S.Siva Ilayaraja
ORDER
This Writ Petition has been filed by the petitioner seeking issuance of a Writ of Mandamus, directing the respondents 1 to 5 to permit the petitioner to continue managing the accounts and administration of the Sri Elu Kannimar Kovil and its allied temples, situated at Santhuvarpatti Village, for the upcoming temple festivals falling in the Tamil months of Vaikasi and Aadi, including the
Sayanam Ketkum Festival scheduled on 15.05.2025, without being influenced by the alleged illegal resolution dated 06.04.2025, purportedly passed by certain villagers under the influence of local political elements and by duly considering the petitioner's representation dated 01.05.2025.
2. The petitioner claims to be one of the Pangalis among the twelve Pangalis who have traditionally been managing the Sri Ezhu Kannimar Kovil, located in Santhuvarpatti Village, Kadavur Taluk, Karur District.
3. According to the petitioner, his father was managing the accounts of the said temple until his demise in 2012. Thereafter, the petitioner assumed responsibility for managing the temple accounts. However, it is alleged that an illegal resolution was passed by certain villagers and other Pangali members, under the influence of the sixth respondent, resulting in the petitioner being ousted from his role as the Manager of the temple accounts.
4. The learned Additional Advocate General, appearing for the official respondents, submits that the temple in question does not fall within the purview
of the Hindu Religious and Charitable Endowments Department (H.R. & C.E. Department) and therefore, the matter is a private dispute between the petitioner, the sixth respondent and the other Pangalis. It is contended that the appropriate remedy lies before the Civil Court and hence, the Writ Petition is liable to be dismissed.
5. The learned counsel for the sixth respondent adopts the submissions of the learned Additional Advocate General and reiterates that the subject temple is a private temple, outside the jurisdiction of the H.R. & C.E. Department. Accordingly, it is submitted that the Writ Petition deserves to be dismissed.
6. I have considered the submissions made by the learned counsel for the petitioner, the learned Additional Advocate General for the official respondents, and the learned counsel for the sixth respondent.
7. Admittedly, the temple in question is a private temple and therefore, falls outside the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Therefore, the petitioner cannot seek relief under Article
226 of the Constitution of India in the absence of any public duty imposed on the respondents. At best, the petitioner may approach the appropriate Civil Court to establish and vindicate any rights, if conferred upon him previously, which he alleges have been interfered with since 2023.
8. Accordingly, the Writ Petition is dismissed, granting liberty to the petitioner to seek appropriate remedies before the Civil Court in accordance with law. No costs.
NCC : Yes / No 11.06.2025 Index : Yes / No smn2 To:- 1.The District Collector, Karur District, Karur.
2.The Assistant Commissioner, HR & CE Department, Karur District.
3.The Revenue Divisional Officer, Karur Sub Division, Karur District.
4.The Tahsildar, Kadavur Taluk, Karur District.
5.The Inspector of Police, Palaviduthi Police Station, Karur District.
C.SARAVANAN , J.
smn2 W .P.(MD)No.14136 of 2025 11.06.2025