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Madras High CourtWP(MD)/17680/2025disposed of

Chinnaiya v. The District Collector

2025-07-01Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No. 17680 of 2025 and W.M.P(MD)No.13514 of 2025

1. Chinnaiya

2. Kannadasan

3. Sevugan

4. Chockalingam ... Petitioners Vs.

1. The District Collector, Office of Collectorate, Sivagangai District.

2. The Tahsildar, Tirupathur Taluk, Sivagangai District.

3. N.Singaram ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to forbear the 3rd respondent from conducting

Varushabishekam or any other events apart from Daily Poojas in Sree Manicka Nachimman Temple, Muranikalam, Nerkuppai Village, Tirupathur Taluk, Sivagangai District scheduled on 02.07.2025, till the disposal of O.A.No. 159 of 2024 on the file of the HR and CE Department, Sivagangai, based on petitioner's representation dated 24.06.2025.

For Petitioners :Mr.S.Ramanathan For Respondents :Mr.S.Shanmugavel, Additional Government Pleader for R1 & R2

ORDER

The present writ petition is filed for Writ of Mandamus directing the respondents 1 and 2 to forbear the 3rd respondent from conducting Varushabishekam.

2. Admittedly, it is a village temple not falling within the purview of the HR & CE Department. The Kumbabishekam has already been conducted, and the Varushabishekam is scheduled to be held tomorrow, i.e., on 02.07.2025.

3. The contention of the petitioners is that the 3rd respondent is objecting and claims that the Deity will be taken by the 3rd respondent for conducting the Varushabishekam, and that he will not permit the petitioners to participate in the same.

4. On instructions, the learned Additional Government Pleader appearing for respondents 1 and 2 submitted that a Peace Committee meeting was conducted between the parties, wherein it was decided that no Muthal Mariyathai shall be accorded to anyone. However, the issue of lifting the Deity was not considered.

5. Since the dispute pertains only to the lifting of the Deity, this Court is of the considered opinion that the 3rd respondent cannot deny the right to the petitioners.

6. Therefore, the petitioners and the 3rd respondent shall jointly lift the Deity and conduct the Varushabishekam. However, the Varushabishekam shall be conducted without according Muthal Mariyathai to anyone.

7. With these directions this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA Note : Issue a copy of order on 01.07.2025

To

1. The District Collector, Office of Collectorate, Sivagangai District.

2. The Tahsildar, Tirupathur Taluk, Sivagangai District.

S.SRIMATHY, J KSA W.P.(MD) No. 17680 of 2025 01.07.2025