W.P.No.34504 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34504 of 2025 And W.M.P.No.38666 of 2025 Kumar ... Petitioner Vs. 1.The District Collector, Office of District Collector, Viluppuram – 605 602. 2.The Tahsildar, Office of the Tahsildar, Vanur, Viluppuram District. 3.The Inspector of Police, Mailam Police Station, Viluppuram District. 4.Sundarrajan 5.Allimuthu ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to prevent the unlawful Kumbabishekam of Arulmigu Amasthiar Amman Temple, situated at Chinna Nerkunam Village, Tindivanam Taluk, fixed on 17.09.2025 by respondents 4 and 5 by considering the petitioner's 1/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 representation dated 21.08.2025. For Petitioner : Mr.M.Mohamed Afridi For Respondents : Mr.AM.Ayyadurai for R1 and R2 Government Advocate Mr.S.Balaji for R3 Government Advocate (Crl.Side) O R D E R This writ petition has been filed seeking issuance of Writ of Mandamus directing the second respondent to prevent the unlawful Kumbabishekam of Arulmigu Amasthiar Amman Temple, situated at Chinna Nerkunam Village, Tindivanam Taluk, fixed on 17.09.2025 by respondents 4 and 5 by considering the petitioner's representation dated 21.08.2025. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the Dharmakartha of Arulmigu Amasthiar Amman Temple, situated at Chinna Nerkunam Village, Tindivanam Taluk. On 06.07.2009, four villagers namely, Kuppu Manikandan, Narayanasamy, Jaipalan and Mahendran, executed a registered settlement deed vide document no.2871/2009 at Mayilam Sub Registrar Office, donating 1720 sq.ft. of land in Chinna Nerkunam 2/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 Village to Arulmigu Amasthiar Amman Temple in the petitioner's name as Dharmakartha and for the benefit of future trustees. Thereafter, the petitioner spent nearly Rs.24 Lakhs towards the construction and development of the Temple, dug borewell, ensured water facility and constructed a sanctum on the donated land. The petitioner also commissioned a renowned sculptor for preparing the idol of the main deity along with subsidiary deities, pedestals and sculptures and paid an advance of Rs.68,000/-. The respondents 4 and 5 undertook to build the Gopuram with the contributions collected from the local people. The Temple in its present form, is incomplete and not yet in a consecration ready stage. 3.The learned counsel appearing for the petitioner further submitted that while such being the position, respondents 4 and 5 now began to interfere in the administration of the Temple and they have broken open the lock which had been placed on the Temple doors, unlawfully entered the Temple, placed their own lock and are preventing the petitioner from entering the premises and they have gone to the extent of issuing advertisements in the newspapers announcing the performance of Kumbabishekam on 17.09.2025. Hence, the petitioner made complaint before the third respondent and 3/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 the same was registered as CSR No.1044/2025 dated 21.08.2025. Though enquiry was conducted, no final decision was taken and the matter was forwarded to the Tahsildar, Vanur, Villupuram District and the matter is pending without any conclusion. 4.The learned Government Advocate (Crl.Side) submitted that during the last hearing, this Court orally instructed the parties to arrive at an amicable settlement, however, no settlement was arrived at between the parties. Hence, this Court may issue direction to the Tahsildar to conduct the Kumbabishekam by allowing all the villagers to participate in the Kumbabishekam. 5.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for respondents 1 and 2 and the learned Government Advocate (Crl.Side) appearing for the third respondent and perused the materials available on record. This Court is not inclined to pass any adverse order as against the respondents 4 and 5. 6.Since, no amicable settlement was arrived at between the 4/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 petitioner and private respondents and since Kumbabishekam is scheduled to be performed on 17.09.2025, this Court permits the respondents 4 and 5 to perform the Kumbabishekam of Arulmigu Amasthiar Amman Temple, situated at Chinna Nerkunam Village, Tindivanam Taluk on the scheduled date, in which, the petitioner and all the villagers are entitled to participate. If there is consensus between the petitioner and respondents 4 and 5 and if they want to perform the Kumbabishekam jointly, that is also permitted and all the villagers are permitted to participate in the Kumbabishekam. However, if any law and order problem arise, the Tahsildar/ second respondent is directed to take over the entire Temple namely, Arulmigu Amasthiar Amman Temple, situated at Chinna Nerkunam Village, Tindivanam Taluk and conduct Kumbabishekam with the help of the Inspector of Police/ third respondent and; all the villagers, including the petitioner and respondents 4 and 5, are permitted to participate in the Kumbabishekam. 7.The writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. 15.09.2025 5/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No M.DHANDAPANI,J. pri To 1.The District Collector, Office of District Collector, Viluppuram – 605 602. 2.The Tahsildar, Office of the Tahsildar, Vanur, Viluppuram District. 3.The Inspector of Police, Mailam Police Station, Viluppuram District. W.P.No.34504 of 2025 And W.M.P.No.38666 of 2025 6/6 https://www.mhc.tn.gov.in/judis W.P.No.34504 of 2025 15.09.2025 7/6 https://www.mhc.tn.gov.in/judis