S.P.Ponnusamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.CRL.(MD)No.125 of 2025 S.P.Ponnusamy ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Devakottai Division, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

4.S.Subramanian 5.N.Murugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate action against the fourth and fifth respondents claiming exclusive right over the temple of Arulmigu 1/6

Shri Periyanachi Amman Temple situated at Kurunthampattu Village, Karaikudi Taluk, Sivagangai District and permit 7 Karai Nadar including the petitioner to participate in the temple festival scheduled to be held on 07.07.2025 to 09.07.2025 and to ensure that all the persons including 7 Karai Nadar can go into the temple and venerate the deity without any interference from anybody including the fourth and fifth respondents.

For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates.

For R1 to R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

The petitioner has approached this Court seeking a direction to the respondents 1 to 3 to take appropriate action against the fourth and fifth respondents and to ensure that all the persons including 7 Karai Nadar are allowed to enter into the temple and venerate the deity without any interference from anybody.

2.The learned counsel appearing for the petitioner submits that 2/6

the petitioner is a devotee of Arulmigu Shri Periyanachi Amman Temple situated at Kurunthampattu Village, Karaikudi Taluk, Sivagangai District. The said temple is belonging to a particular community of 7 Karai Nadar (Pangaligal). The petitioner claims that he is also one of the Pangali and entitled to worship the temple. The fourth respondent, who is the Poosari of the temple, has created a trust, without the knowledge of others and he has now taken over the administration of the temple and preventing the petitioner and his group from participating in the temple festival. 3.Further, the learned counsel appearing for the petitioner submits that the temple festival is going on from 07.07.2025 to 09.07.2025 and there will be an offering of Pongal to the deity on 15.07.2025 and therefore, the petitioner apprehends that he would not be permitted even for this offering of Pongal on 15.07.2025. Hence, he filed the present petition.

4.The learned Additional Public Prosecutor appearing for the official respondents submits that the averment made by the petitioner is wrong. The petitioner has paid tax for the temple festival and his 3/6

elder son has also participated in the temple festival. However, for the reasons best known to the petitioner, the present petition has been filed as if he has been prevented from participating in the temple festival.

5.This Court has considered the submissions made on either side and perused the available materials.

6.The petitioner claims that he is also one of the pangalis and entitled to worship the deity. He claims that he has been prevented by the fourth respondent from participating in the temple festival. However, it has been disputed by the respondent Police. The petitioner's only concern is that there is a offering of Pongal on 15.07.2025 and therefore, he apprehends that he will not be permitted for this Pongal offerings to the deity.

7.It appears that the temple is a community temple and the petitioner is also one of the pangalis of the temple. Therefore, the respondent Police shall ensure that the petitioner is also permitted for his Pongal offerings to the deity on 15.07.2025. 4/6

8.No one should be discriminated in entering into the temple and offering their prayers and everyone is having a right of religion, which is guaranteed under Article 25 of the Constitution of India. Accordingly this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

09.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns Note: Issue order copy on 09.07.2025 To 1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Devakottai Division, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J gns 09.07.2025 6/6