Madras High CourtWP(MD)/16695/2025disposed of

Lakshmi v. The District Collector

2025-07-28Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Lakshmi ... Petitioner Vs

1. The District Collector, Karur Collectorate Office, Karur District.

2. The District Revenue Officer, Karur Collectorate Office, Karur District.

3. The Revenue Divisional Officer, RDO Office, Kulithalai, Karur District.

4. The Tahsildar, Kadavur Taluk, Tharagampatti, Karur District.

5. Manohar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to consider the petitioner's representation dated 09.06.2025 and make an 1/5

arrangements to celebrate the festival as earlier years of Sri Veeranaar Kovil belong to our Kudipaattu Community situated in Karur District, Kadavur Taluk, Kulithalai Revenue Group, Keelapaguthi Village (Survey No.384/3,384/4). For Petitioner : Mr.N.Juliet Latha For R-1 to R-4 : Mr.M.Lingaduraia Special Government Pleader Advocate For R-5 : Mr.T.Dhamodharan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the third respondent to consider the petitioner's representation dated 09.06.2025 and make arrangements to celebrate the festival as conducted in earlier years, of Sri Veeranaar Kovil belonging to the Kudipaattu Community, situated in Karur District, Kadavur Taluk, Kulithalai Revenue Group, Keelapaguthi Village (Survey No.384/3,384/4).

2. The contention of the petitioner is that the fifth respondent is obstructing the said festival and has demolished the steps which was constructed for entering the temple.

3. The learned Special Government Pleader, on instructions, submitted that 2/5

there is a civil dispute between the petitioner and the fifth respondent and therefore, the fifth respondent is not in a position to allow the festival to be conducted.

4. The learned Counsel appearing for the fifth respondent has filed a detailed counter stating that the temple situated in the adjoining Survey No. 384/4CA belongs to one Muthuswami, who had filed a suit in O.S.No.312 of 2005 on the file of the learned District Munisif Court, Kulithalai, and the suit had ended in his favour. Therefore, the land in Survey No.384/4CA belongs to the fifth respondent. He further submitted that after third parties disturbed the possession and trespassed into the land, the fifth respondent fenced the land. Therefore, the petitioner cannot seek to enter the fifth respondent's land and conduct any function. The said submissions are recorded.

5. It is seen that the temple is situated in Survey No.384/3 and 384/4. However, the fifth respondent is the owner of 384/4CA, which has now been fenced. Therefore, the petitioner is at liberty to conduct the temple festival within the temple premises and it is strictly directed not to encroach the fifth respondent's land which has been fenced now. In case, if any police protection is necessary, the official respondents shall consider the same and grant police protection. 3/5

6. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, Karur Collectorate Office, Karur District.

2. The District Revenue Officer, Karur Collectorate Office, Karur District.

3. The Revenue Divisional Officer, RDO Office, Kulithalai, Karur District.

4. The Tahsildar, Kadavur Taluk, Tharagampatti, Karur District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 28.07.2025 5/5