W.P.(MD)No.13421 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025 CORAM THE HON'BLE MR.JUSTICE P.DHANABAL W.P.(MD)No.13421 of 2025 and WMP(MD) No.9661 of 2025 M/s.Madurai Mutharaiyar Welfare Association rep by its General Secretary V.Tamilarasan. ... Petitioner Vs. 1. The Joint Commissioner Hindu Religious and Charitable Endowment Board, Madurai Zone, Elis nagar, Madurai. 2.The Deputy Commissioner/ Executive Officer Arulmigu Kallalagar Temple Alagarkovil, Madurai. 3. The Inspector of Police D1, Tallakulam (L&O) Police Station Madurai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 2nd respondent vide Na.Ka.No.2200/2024/E1 dated 26.04.2025 and to quash the same and 1/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 consequently direct the 2nd respondent to accept the payment for mandagapadi and include the Madurai Muthariyar Welfare Association Mandapadi (1434 pasali mandagapadi) at 1-B, Perumal Kovil Street Thallakulam Post, Madurai District in the procession path for the visit of Lord Kallazhagar during the Chithirai Festival 2024 from 11.05.2025 till 15.05.2025 For Petitioner : Mr.V.Vishnu For Respondents : Mr.M.Senthil Ayyanar No.1 Government Advocate No.2 : Mr.S.Manohar Standing Counsel No.3 : Mr. M.Sakthikumar Government Advocate(Crl.Side) ORDER This Writ Petition has been filed by the petitioner to to call for the records relating to the order passed by the 2nd respondent vide Na.Ka.No.2200/2024/E1 dated 26.04.2025 and to quash the same and consequently direct the 2nd respondent to accept the payment for mandagapadi and include the Madurai Muthariyar Welfare Association 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 Mandapadi (1434 pasali mandagapadi) at 1-B, Perumal Kovil Street Thallakulam Post, Madurai District in the procession path for the visit of Lord Kallazhagar during the Chithirai Festival 2024 from 11.05.2025 till 15.05.2025. 2. The learned counsel appearing for the petitioner would submit that in Madurai every year Chithirai festival will be celebrated in a grand manner welcoming Lord Kallazhagar for the Vaigai river ceremony. For this year the procession will start towards Madurai from Alagar Malai on 10.05.2025. In the said procession deity will visit hundreds of Mandagapadi in total more than 460 Mandagapadi are there along the procession path, the Kallazhagar procession will reach Tallakulam on 11.05.2025. For the lord Azhagaar to visit petitioner's Mandagapadi situated at 1-B, Perumal Kovil Street, Thallakulam Post, Madurai District. Every year on receiving the invitation from the temple the petitioner used to pay the fee by showing the original copy of the last year receipt and this year no invitation was sent to the petitioner's Mandagapadi, Therefore on 13.02.2023 the petitioner has sent a representation asking for paying the money and once again the petitioner 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 sent a reminder for representation on 21.04.2024 but the same was not considered . All the sudden the second respondent vide Na.Ka. No. 2200/2024/E1 dated 26.04.2025 refused the visit of lord Kallazhagar merely based on the representation of the fourth respondent. The fourth respondent is none other than the erstwhile member of the association but due to high handed approach and allegation of misappropriation of Rs. 30,00,000/- of the association fund and therefore the fourth respondent along with few other members were removed from the Association , based on which First Information Report was registered in Crime No.101 of 2021 for the offences under Sections 406 and 420 of IPC. Thereafter due to motive the fourth respondent sent a false representation. The petitioner had made all arrangements for the visit of Lord Kallazhagar in the Mandagapadi where thousands of devotees from all over Madurai will worship the deity and during the visit of the deity special poojas will be done in the mandagapadi as per the conditions stipulated by the second respondent. The said practice is prevailing over the Mandagapadi for more than 100 years. While so the second respondent vide Na.Ka. No.2200/2024/E1 dated 26.04.2025 refused the visit of Lord Kallazhagar in the Mandagapadi based on the representation 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 of the fourth respondent and First Information Report in crime Nos. 553 and 554 of 2024 was registered. Already peace committee meeting was held on 26.09.2024 and 09.10.2024 and no occurrence took place. Last year the petitioner also filed Writ Petition in WP(MD) Nos.9341 and 9950 of 2024 before this Court for grant of permission for the visit of deity for the petitioner's mandagapadi and permission was also granted for the same. Now out of the blue the second respondent on 26.04.2025 has served the impugned order rejecting the request for the visit of deity during the procession from 10.05.2025 till 15.05.2024 based on the communication of the respondents 3 and 4, therefore the impugned order has to be quashed. 3. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the fourth respondent has sent a letter by objecting for procession in the petitioner's mandagapadi and the third respondent also stated that there are chances for law and order issue, thereby they refused to accept the mandagapadi from the petitioner. 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 4. The learned Government Advocate(Crl.Side) appearing for the third respondent would submit that there is a dispute between the petitioner and the fourth respondent . The fourth respondent is the former office bearer of the first respondent association and thereby there was some dispute between them. While so the fourth respondent made objection, therefore the petitioner has sent a representation to the respondents 1 and 2 informing about the objection made by the fourth respondent, therefore the respondents 1 and 2 have passed orders dated 26.04.2025. 5. Heard both sides and perused the materials available on record. 6. Considering the prayer sought for in this petition without issuing notice to the fourth respondent this Court is inclined to pass orders. The petitioner is the association and they used to pay Mandagapadi to the respondents 1 and 2 for the visit of deity Kallazhagar during the Chithirai festival for more than 100 years and they are celebrating the festival. Already this Court in earlier round of litigation in WP(MD) No.9950 of 2024 has observed as follows: 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 “ 7. The usual procession of Lord Kallalagar at its regular halt at the petitioner’s premises need not be interfered with, this year, particularly, after receipt was issued to the petitioner, merely because, there are complaints registered before the jurisdictional Police Station at Thallakulam in Crime No.225 of 2024 on 25.02.2024 and C.S.R.Nos.363 of 2024 and 422 of 2024. 8. Mandagapadi can be held under strict supervision of the Police on 22.04.2024. The 3rd respondent is directed to ensure that adequate numbers of Police re-enforcement are available in the Pandhal to be put up by the petitioner to enable the devotees to visit the Mandagapadi without any untoward incident”. 7. In view of the same and the petitioner's association also conducted mandagapadi from time immemorial, this year also the same procedure can be adopted as conducted in the the previous years. This Court has not decided the rights of the administration of the temple. Merely because of the dispute between the individuals the entire members of the association cannot suffer. Therefore this Court for the 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 interest of public inclined to allow this petition by setting aside the order passed by the second respondent in Na.Ka.No.2200/2024/E1 dated 26.04.2025 and the second respondent is directed to receive the mandagapadi money and issue receipt in the name of the association and follow the earlier procedures adopted in the last year. The second respondent is directed to monitor the procession of lord Kallazhagar visit to the petitioner's mandagapadi as done in the last year and the third respondent is directed to monitor the proceedings without any law and order issues. 8. In view of the same, the Writ Petition stands allowed. No costs. Consequently connected miscellaneous stands closed. 30.04.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 02.05.2025 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 To 1. The Joint Commissioner Hindu Religious and Charitable Endowment Board, Madurai Zone, Elis nagar, Madurai. 2.The Deputy Commissioner/ Executive Officer Arulmigu Kallalagar Temple Alagarkovil, Madurai. 3. The Inspector of Police D1, Tallakulam (L&O) Police Station Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13421 of 2025 P.DHANABAL, J. aav W.P.(MD)No.13421 of 2025 30.04.2025 10/10 https://www.mhc.tn.gov.in/judis