Sankaraperumal v. The Joint Commissioner

1 W.P.(MD)NO.25071 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25071 of 2025 AND W.M.P.(MD)No.19666 of 2025 Sankaraperumal ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

3. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4. The Inspector of Police, Thisayanvilai police station, Tirunelveli District.

5. Bharathiraja

6. Subbaiah ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to hand over the Utchini Mahaliamman temple key and further directing the second respondent to grant permission to the petitioner to conduct Kodai Vizha at Mudavankulam 1/6

2 W.P.(MD)NO.25071 OF 2025 Arulmighu Utchinimahali Amman temple, Mudavankulam, Thisayanvilai Taluk, Tirunelveli District by considering the representation dated 04.08.2025.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.P.Subbaraj, Special Government Pleader for R-1 & R-2.

Mr.V.Sukumar for R-5 & R-6.

Mr.A.Albert James, Government Advocate for R-3 & R-4.

* * *

O R D E R

Heard both sides.

2. The case on hand pertains to the affairs of the petition-mentioned temple. It is not in dispute that the writ petitioner Sankaraperumal was appointed as non-hereditary trustee by the Assistant Commissioner, HR&CE Department. Tirunelveli vide proceedings dated 24.02.2025. On account of the factional disputes, no consensus could be arrived at regarding the celebration of the annual festival. In this background, the second respondent issued 2/6

3 W.P.(MD)NO.25071 OF 2025 the proceedings dated 11.08.2025 authorising the executive officer of Arulmighu Subramaniyasamy temple, Valliyur to conduct the festival.

3. Thiru.Bharathiraja is present in person and he states that a sum of Rs.7,20,000/- had been collected for the conduct of the event and schedule has also been prepared. The festivities commenced today.

4. When the writ petitioner was appointed as non-hereditary trustee for the temple, it is only the trustee who has to necessarily conduct the festival. When the appointment order appointing the petitioner has not been varied or modified, the Assistant Commissioner, HR&CE Department, Tirunelveli could not have called upon the executive officer of another temple to conduct festival. The respondents 5 and 6 on behalf of their group agree that the festival can be conducted under the headship of the writ petitioner and further undertook that they will hand over the accounts to the Assistant Commissioner and the petitioner can collect the details from the third respondent after the festival is over. 3/6

4 W.P.(MD)NO.25071 OF 2025 Since the schedule for the event had already been prepared, the same will be proceeded as per original plan. However, the entire event will be conducted in the presence and under the headship of the writ petitioner. The temple key is with the temple priest Murugan. The Sub Inspector of Police, Thisayanvilai police station is directed to secure the temple key from the temple priest Murugan and hand over the same to the writ petitioner. Liberty is given to the respondents 5 and 6 to challenge the appointment of the writ petitioner if so advised. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

15.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 15.09.2025.

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5 W.P.(MD)NO.25071 OF 2025 To:

1. The Joint Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Tirunelveli.

3. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4. The Inspector of Police, Thisayanvilai police station, Tirunelveli District.

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6 W.P.(MD)NO.25071 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.25071 of 2025 15.09.2025 6/6