Madras High CourtWP(MD)/24100/2025disposed of

M.Kaliappan v. The District Collector,

2025-09-08Honourable Mr Justice G.R.Swaminathan6 pages

1 W.P.(MD)NO.24100 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24100 of 2025 AND W.M.P.(MD)Nos.18909 & 18911 of 2025 M.Kaliappan ... Petitioner Vs.

1. The District Collector, District Collector Office, Ramanathapuram District.

2. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3. The Joint Commissioner, HR&CE Department, Sivagangai.

4. The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

5. The Assistant Commissioner, HR&CE Department, Sivagangai, Sivagangai District.

6. The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

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7. The Inspector of Police, Perunali, Ramanathapuram District.

8. Periyamariyappan (R-8 is suo motu impleaded vide order dated 04.09.2025) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent vide Na.Ka.No.1707/2025/E1 dated 12.06.2025 and quash the same as illegal and consequently forbear the respondents from bringing Arulmighu Uchimahaliamman Temple, Kokkadi, under the control of the HR&CE Department. For Petitioner : Ms.S.Devasena For R-1 to R-5 : Mr.G.Suriya Ananth, Additional Government Pleader.

For R-6 & R-7 : Mr.A.Albert James, Government Advocate.

For R-8 : Mr.S.Muniyandi * * *

O R D E R

Heard both sides.

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2. The case on hand pertains to the holding of annual festival for the petition-mentioned temple. There are two groups. One group is represented by the eighth respondent. When the writ petitioner's group filed W.P.(MD)No.16129 of 2023 regarding the daily worship, the same was disposed of in the following terms:- "3. Accordingly, an affidavit has been filed by the petitioner that they would appoint Mr.K.Vairavan, aged years S/o Mr.Kannaiyiram, Kokkadi Village, as poojari. The 5th respondent has already appointed a poojari, namely, Mr.Karuppannan, who may continue to be the poojari of the fifth respondent.

4. The petitioner may light the lamp in the morning and the poojari may conduct the poojs from morning till 12 noon. The Poojari appointed by the fifth respondent shall take over such duties from the afternoon and continue till night. This shall be the arrangement between the two groups.

5. This does not mean that the petitioner or anybody else cannot worship in the evening and the 5th respondent or anybody else cannot worship in the morning. Worshipping in the temple is permitted to everybody whenever 3/6

4 W.P.(MD)NO.24100 OF 2025 the temple is open. The Poojari''s right to do pooja alone is stipulated by this Court and no other stipulations are made. It is also stated that the property of the temple cannot be claimed by the petitioner or the 5th respondent. If such right is claimed, separate proceedings will have to be initiated by them and not before this Court."

3. It is agreed by the learned counsel on either side that the same arrangement can be enforced with regard to the holding of the festival also. Accordingly, the writ petitioner as well as the eighth respondent are granted permission to organise the annual temple festival separately. It is stated that the festival is a five days affair. The petitioner can celebrate the event during morning hours which slot has already been allotted to them. Likewise, when the turn of the eighth respondent comes, the event can be celebrated during the evening hours which slot has already been allotted to them.

4. It is further made clear that this arrangement has been made only for this year. It will not have any bearing on the claim already lodged by the eighth respondent in the pending civil suit. The petitioner as well as the eighth respondent will conduct themselves 4/6

5 W.P.(MD)NO.24100 OF 2025 in such a manner that does not give rise to any law and order issue. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 08.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To: