Sankaramoorthy v. S.Lingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)Nos.13942 & 13943 of 2025 Sankaramoorthy ... Appellant/4th Respondent Vs.

1.S.Lingam ... 1st Respondent/Petitioner 2.The District Collector, Tirunelveli, Tirunelveli District.

3.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

... Respondents 2 to 4/ Respondents 1 to 3 PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 07.08.2025 in W.P(MD)No.21750 of 2025. 1/5

For Appellant : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For R1 : Mr.S.Balaji For R2 to R4 : Mr.M.Sarangan Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The intra Court appeal has been instituted to assail the writ order dated 07.08.2025 in W.P(MD)No.21750 of 2025.

2. The fourth respondent in the writ petition is the appellant before this Court. The first respondent filed a writ petition seeking a direction to the first respondent to initiate action against the fourth respondent for excommunicating the writ petitioner and Vagaiyaras from participating in Muthalamman Temple festival. Admittedly, the Muthalamman Temple is a private Temple and not falling under the control of the HR & CE Department. In respect of a private Temple and its affairs, no writ petition is entertainable under Article 226 of the Constitution of India.

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3. The learned Additional Government Pleader appearing for the respondents 2 to 4 would brought to the notice of this Court that civil suits have already been instituted between the parties in O.S.No.206 of 2025 and O.S.No.109 of 2003. Both the suits were disposed of. While so, the writ petition is not maintainable and the parties have to resolve the issues by approaching the competent civil Court of law.

4. With these observations, the order of the writ Court dated 07.08.2025 is set aside and the writ appeal is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S., J.) & (G.A.M., J.) 25.08.2025 NCC : Yes / No Index : Yes / No am 3/5

To 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

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S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN , J.

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