Muniyasamy.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Muniyasamy ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Paramakudi, 4.The Tahsildar, Kamudhi Taluk, 5.The Joint Commissioner, 1/6

6.The Assistant Commissioner, 7.The Inspector, Muthukulathur, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1, 3 and 5 herein to remove the lock and seal at Arulmigu Karumeni Amman Thirukovil, Marakulam, Kamudhi Taluk, Ramanathapuram District and keep the temple open for public religious worship and ensure peace in the said locality. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1, R.3 & R.4 Mr.A.Albert James Government Advocate for R.2 Mr.N.Ramesh Arumugam Government Advocate for R.5 to R.7

ORDER

Heard both sides.

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2. The petitioner wants this Court to direct the fourth respondent herein to remove the lock and seal put on the petition mentioned temple. It appears that there was some dispute among the villagers of Kothapookulam, Cinna Udappankulam and Marakulam. The villagers of Marakulam claim that the temple belongs to their village alone.

3. I am of the view that any public temple is open to worship for every devotee. Nobody can claim any exclusivity in matters of worship. As regards the administration, if there are issues it can be resolved before the jurisdictional civil Court or the appropriate forum. But a temple cannot be locked by citing such disputes. The petitioner is directed to hang a board outside the said temple that the temple itself does not belong to any particular village. The petitioner will formulate the text appropriately. The petitioner through his counsel gives an undertaking that he will do so as soon as possible. The fourth respondent is directed to remove the lock and seal put on the petitioned mentioned temple immediately.

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4. This writ petition is allowed accordingly. There shall be no order as to costs.

19.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Paramakudi, 4.The Tahsildar, Kamudhi Taluk, 5.The Joint Commissioner, 6.The Assistant Commissioner, 4/6

7.The Inspector, Muthukulathur, 5/6

G.R.SWAMINATHAN, J.

MGA 19.10.2023 6/6