M.Ayyappan v. P.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR & C.M.P.(MD)Nos.9173 & 9172 of 2025 M.Ayyappa ... Appellant / 3rd Party Vs 1.P.Rajendran ... 1st Respondent / Writ Petitioner 2.The Revenue Divisional Officer, Sathur, Virudhunagar District.
3.The Tahsildar, Virudhunagar District, Virudhunagar.
4.The Superintendent of Police, Virudhunagar District, Virudhunagar.
... Respondents 2 to 4 / Respondents 1to 3 1/6
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 11.06.2025 passed in W.P. (MD)No.15722 of 2025 on the file of this Court. For Appellant : Mr.B.Prasanna Vinoth For Respondents : Mr.T.K.Akalya for M/s.Tamilarasan for R1 : Mr.N.Satheesh Kumar for R2 & R3 : Mr.T.Senthil Kumar Additional Public Prosecutor for R4
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.) This appeal is directed against the order dated 11.06.2025 made in W.P.(MD)No.15722 of 2025 filed by the first respondent herein (P.Rajendran).
2. The first respondent herein submitted a representation to the Tahsildar, Virudhunagar and wanted enquiry to be conducted. The case 2/6
on hand pertains to the conduct of the annual temple festival of the petition mentioned temple. It appears that there is some dispute among the various families constituting the management. The learned single Judge vide order dated 11.06.2025 disposed of the writ petition in the following terms:- "4.Considering the facts and circumstances of the case, the second respondent herein, the Tahsildar, is directed to conduct an enquiry and pass an order based on the proceedings of the first respondent dated 13.05.2025, within a period of one week from the date of receipt of a copy of this order. It appears that complicated procedures are being followed by the Therkku Theru people. Until the order is passed, the Kalari function shall not be celebrated."
3. The order of the learned single Judge has to be set aside for more reasons than one. Firstly, the writ petitioner ought to have impleaded all the interested parties. The writ petitioner wanted to steal an order behind the appellant's back. The writ petitioner knew fully well that the appellant is interested in the subject matter. Therefore, the writ petition filed by the first respondent is bad for non-joinder of necessary parties. Secondly, the Tahsildar cannot decide who should conduct 3/6
Kalari festival. Such decisions are better taken by the HR & CE authorities.
4. Therefore, on these twin grounds, we set aside the order dated 11.06.2025 made in W.P.(MD)No.15722 of 2025. We are of the view that conducting the temple festival ought not to be postponed merely because there is some dispute among the pangalis. The appellant categorically states that the writ petitioner Rajendran as well as pangalis can very well participate in the temple festival to be held from 04.07.2025 till 08.07.2025. Their entry, presence and participation will not be objected. Secondly, in the flex board and other pamphlets, no names of any individual will be printed.
5. We are of the view that this should fully address the concerns of the writ petitioner. We make it clear that this arrangement is only for this year. Rajendran is at liberty to work out his rights in the manner known to law either by filing an independent suit or by approaching the HR & CE authorities.
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6. The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (K.R.S., J.) 18.06.2025 rmi Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Revenue Divisional Officer, Sathur, Virudhunagar District.
2.The Tahsildar, Virudhunagar District, Virudhunagar.
3.The Superintendent of Police, Virudhunagar District, Virudhunagar.
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G.R.SWAMINATHAN, J.
AND K.RAJASEKAR, J.
rmi 18.06.2025 6/6