W.A.(MD)No.1399 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.1399 of 2021 and C.M.P(MD)Nos.5803 & 5804 of 2021 Chandrasekaran ... Appellant / 5th Respondent Vs. 1.A.Sathasivam ... Respondent / Petitioner 2.The Government of Tamil Nadu, Represented by its Principal Secretary, Hindu Religious and Charitable Endowments Department, Fort St.George, Secretariat, Chennai – 600 009. 3.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 4.Arulmigu Ranganathaswamy Temple, Srirangam, 1/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1399 of 2021 Represented by the Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowments Department, Srirangam, Trichy. 5.The Tahsildar, Mannachanallur Taluk, Trichy District. ... Respondents / Respondents 1 to 4 Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to allow the writ appeal by setting aside the order in W.P(MD)No.10184 of 2021 dated 21.06.2021 on the file of this Court. For Appellant : Mr.K.Navaneetharaja For Respondents : Mr.K.Balasubramani Special Government Pleader for R.2, R.3 & R.5 Mr.Saravanan for R.4 No Appearance for R.1 JUDGMENT Heard the learned counsel appearing for the appellant, the learned counsel appearing for the fourth respondent and the learned Special Government Pleader appearing for the respondents 2, 3 & 5. Though the writ petitioner has been served and his name is printed in the cause list, he has not chosen to enter appearance. 2/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1399 of 2021 2.The first respondent herein filed W.P(MD)No.10184 of 2021 for removing the tin sheet shed put up in the immediate vicinity of Arulmighu Pundarikaksha Perumal Temple, Thiruvellarai. The writ petition was disposed of by a learned single Judge on 21.06.2021 in the following terms: “5. In view of the specific stand taken by the learned Government Advocate appearing on behalf of the official respondents, there shall be a direction to the third respondent to ensure that the shed is removed within a period of two (02) weeks from the date of receipt of a copy of this order. If there is any resistance, the third respondent shall take police protection and implement the order passed by this Court.” Questioning the same, the fifth respondent in the Writ Petition filed this Writ Appeal. 3.The primary grievance of the appellant is that he was not heard before the learned single Judge allowed the writ petition. This grievance has some force. Therefore, we decided to hear the issue afresh on merits. 3/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1399 of 2021 4.The learned counsel for the temple admits that there is a customary practice of erecting a panthal in connection with the temple festival which is held twice a year (in the month of Sithirai and Panguni). The villagers known a patayadharars are known to do a charity known as Thanner panthal dharmam. Only for this purpose they are permitted to erect a temporary shed. But unfortunately a permanent tin roof structure had been put up and that furnished the cause for filing the writ petition. 5.We went through the revenue records and we are satisfied that the land in question has been classified as “Sarkar Poramboke” earmarked for thaneer panthal dharmam. 6.The learned single Judge was therefore justified in ordering removal of the permanent tin roof structure that was erected in the immediate vicinity of the temple. We do not find any ground to interfere with the order passed by the learned single Judge. At the same time, we need to recognise the customary rights. Patayadharars are permitted to erect the shed during the annual temple festivals for the purpose of carrying out water charity. The jurisdictional Police are directed to 4/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1399 of 2021 extend their fullest assistance to the management of the temple for removing the tin roof structure put up by the appellant. 7.This Writ Appeal is disposed of by affirming the direction given by the learned single Judge. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [M.J.R., J.] 21.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Principal Secretary, Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Fort St.George, Secretariat, Chennai – 600 009. 2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034. 5/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.1399 of 2021 G.R.SWAMINATHAN,J. AND M.JOTHIRAMAN , J. MGA 3.The Joint Commissioner / Executive Officer,Arulmigu Ranganathaswamy Temple, Srirangam, Hindu Religious and Charitable Endowments Department, Srirangam, Trichy. 4.The Tahsildar, Mannachanallur Taluk, Trichy District. W.A(MD)No.1399 of 2021 21.02.2025 6/6 https://www.mhc.tn.gov.in/judis