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2025 DAILYLAW 142476 (MAD)

Varadharaj T v. The District Collector

WP(MD)/15597/2025 · 2025-07-10

S Srimathy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.15597 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15597 of 2025 and W.M.P(MD)No.12699 of 2025 T.Varadharaj ... Petitioner Vs 1. The District Collector, Dindigul District, Dindigul. 2. The Deputy Collector, Deputy Collector Office, Palani, Dindigul District. 3. The Tahsildar, Tahsildar Office, Palani, Dindigul District. 4. T.Sivasankar 5. T.Palanichamy 6. K.Sivasubramaniam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 12.05.2025 and ensure the petitioner in Pooja 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15597 of 2025 duty without any disturbance at Arulmigu Shri Thirumalaisamy Bhagavan and Sri Kalinga Narthana Krishnar Koil, situated at Vilvathampatti Village, Puliyampatti Post, Palani Taluk, Dindigul District, within the period stipulated by this Court. For Petitioner : Mr.T Ramasamy For R-1 to R-3 : Mr.M.Lingadurai Special Government Pleader For R-4 to R-6 : Mrs.J.Balameenakshi ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 12.05.2025 and to ensure that the petitioner is permitted to do Pooja duties without any disturbance at Arulmigu Shri Thirumalaisamy Bhagavan and Sri Kalinga Narthana Krishnar Koil, situated at Vilvathampatti Village, Puliyampatti Post, Palani Taluk, Dindigul District. 2. Admittedly, respondents 4 to 6 are the Trustees of the temple. The temple is not coming within the purview of Hindu Religious and Charitable Endowments (HR&CE) Department. According to the respondent, the petitioner was appointed by them to perform pooja. But according to the petitioner, he is the hereditary Poojari and that his father and grandfather were assigned with the same 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15597 of 2025 pooja rights. The petitioner alleges that his pooja rights have been curtailed by the respondents. It is also seen that there is a dispute between the petitioner and the respondents 4 to 6 regarding the temple property as well. 3. The contention of the petitioner is that the patta for the temple property stands in his father's name, which has been misconstrued by the respondents. 4. The contention of the respondents is that the patta originally stood in the temple’s name and was subsequently transferred to the petitioner’s father’s name through alleged misappropriation. 5. This Court is of the considered opinion that these disputed issues ought to be adjudicated before the appropriate civil court. The respondents have rightly initiated civil proceedings and the same is yet to be numbered. For such property disputes, the parties cannot approach the Tahsildar, who is not having power to resolve the dispute. However, in the present case, the petitioner is seeking only to protect his pooja rights. Therefore, the petitioner is permitted to perform pooja in the said temple. However, this permission is subject to the following conditions: (i) The petitioner shall perform only pooja duties. (ii) The petitioner shall be entitled to receive the thattu kassu (offerings) in accordance with the existing temple customs. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15597 of 2025 (iii) The petitioner shall not claim or interfere with any other rights or interests in the administration or management of the temple. (iv) Any dispute regarding title, administration, or other temple-related issues shall be adjudicated before the competent civil court. 6. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15597 of 2025 To: 1. The District Collector, Dindigul District, Dindigul. 2. The Deputy Collector, Deputy Collector Office, Palani, Dindigul District. 3. The Tahsildar, Tahsildar Office, Palani, Dindigul District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15597 of 2025 S.SRIMATHY , J. jbr ORDER MADE IN W.P(MD)No.15597 of 2025 DATED : 10.07.2025 6/6 https://www.mhc.tn.gov.in/judis