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2025 DAILYLAW 153759 (MAD)

V.Mani Poosari v. The District Collector

WP(MD)/20808/2025 · 2025-07-31

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2025 CORAM: THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.20808 of 2025 in WMP(MD) No.16106 of 2025 V.Mani Poosari ... Petitioner Vs 1.The District Collector, Dindigul. 2.The Tahsildhar, Athur Taluk, Dindigul District. 3.The Joint Commissioner HR and CE Department, Dindigul District. 4.The Inspector, HR and CE Department, Nilakottai Range, Dindigul District. 5.The Executive Officer, Peria Muthalmman Temple, Ayyampalayam, Dindigul District. 6.The Inspector of Police Pattiveeranpatti Police Station, Dindigul District. ... Respondents _________ https://www.mhc.tn.gov.in/judis PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a issue a Writ of Mandamus directing the 1 and 2 respondents herein to ensure the proper and peaceful functioning of the religious practice of the petitioner carrying the ritual box during the festivals and functioning as poosari at Arulmighu Vanadevadhai Thirukovil, Arulmighu Akkammal Thirukovil, Arulmighu Sadayandi Thirukovil and Arulmighu Periya Muthalamman Thirukovil, Ayyampalayam, Athur Taluk, Dindigul District from the festival dates 10.09.2025, 17.09.2025 and 01.10.2025 and thereafter in compliance of the order dated 19.09.2024 passed in O.A.No.30 of 2023 on the file of the 3rd respondent herein. For Petitioner : Mr.V.R.Shanmuganathan. For Respondents : Mr.S.S.Madhavan, (for R1 to R4) Additional Government Pleader Mr.P.Athimoolapandian, (for R5) Mrs.M.Aasha, (for R6) Government Advocate (Crl. Side) _________ https://www.mhc.tn.gov.in/judis ORDER This writ petition is filed to direct the respondents 1 and 2 herein to ensure the proper and peaceful functioning of the religious practice of the petitioner carrying the ritual box during the festivals and functioning as poosari at Arulmighu Vanadevadhai Thirukovil, Arulmighu Akkammal Thirukovil, Arulmighu Sadayandi Thirukovil and Arulmighu Periya Muthalamman Thirukovil, Ayyampalayam, Athur Taluk, Dindigul District from the festival dates 10.09.2025, 17.09.2025 and 01.10.2025 and thereafter in compliance of the order dated 19.09.2024 passed in O.A.No.30 of 2023 on the file of the 3rd respondent herein. 2.Admittedly, there was a dispute between the petitioner and Dharman Poojari, Parameshwaran, Sasikumar, Ayyakutti, Ganesan and Sundaram regarding the ritual of lifting the box. In order to protect his right to perform the ritual of lifting the box, the petitioner had filed a petition in O.A.No.30 of 2023 on the file of the third respondent and the same has been decided in respect of the petitioner vide order dated _________ https://www.mhc.tn.gov.in/judis 19.09.2024, wherein it is held as follows: “vdNt> ma;ak;ghisak; mUs;kpF tdNjtij jpUf;Nfhapy;> mUs;kpF mf;fk;khs; jpUf;Nfhapy kw;Wk; mUs;kpF rilahz;b jpUf;Nfhapy;fspy; ngl;bj; J}f;Fk; epfo;thdJ njhd;W njhl;L> ePz;l fhykhf eilngw;W tug;gLfpwJ vd;gJk;> mjpy;> kDjhuu; tifawhitr; Nru;e;j nts;isad; nrl;bahu; tifawhf;fshy; njhd;W njhl;L> ePz;l fhykhf ngl;b J}f;fg;gl;L tug;gLfpwJ vd;gJk;> mjd;gb> ma;ak;ghisak; mUs;kpF tdNjtij jpUf;Nfhapy;> mUs;kpF mf;fk;khs; jpUf;Nfhapy; kw;Wk; mUs;kpF rilahz;b jpUf;Nfhapy;fspy; Nkw;nfhs;sg;gl;L tUk; ePz;lfhy tof;fk; kw;Wk; gof;f tof;fj;jpd;gb> jw;NghJ kDjhUf;F ngl;bapid J}f;fpr; nry;tjw;F cupik cs;sJ vd;W ,e;ePjpkd;wj;jhy; fUjg;gl;L vOtpdhTk; mt;thNw KbT nra;ag;gLfpwJ.” 3.In view of the above, this Court is of the opinion that since the petitioner's right is determined, the petitioner is entitled to perform the ritual of lifting the box. Hence, the respondents shall ensure the petitioner's right to perform the ritual of lifting the box during the festival _________ https://www.mhc.tn.gov.in/judis scheduled to be held on 10.09.2025, 17.09.2025 and 01.10.2025. 4.As far as the issue relating to perform pooja, the learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that all these years, the second respondent namely, Dharman Poojari in O.A.No.30 of 2023 on the file of the third respondent is performing pooja. In order to protect his right to perform pooja, the petitioner has also filed an application in O.A.No.21 of 2025 and the same is pending. 5.Since the petitioner's right is not determined by the appropriate authority, at this stage the petitioner cannot claim any right to perform pooja. The same ought to be determined by the appropriate authority. Since the Dharman Poojari had performed the poojas last year, he is directed to continue performing the pooja until the right is determined in O.A. No. 21 of 2025. Accordingly, the prayer seeking determination of the right to perform pooja is declined in this writ petition. However, it is _________ https://www.mhc.tn.gov.in/judis made clear that the authority shall consider the issue of pooja rights without influenced by any observation made supra. 6.With the above observations, this writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 31.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes vsg _________ https://www.mhc.tn.gov.in/judis To 1.The District Collector, Dindigul. 2.The Tahsildhar, Athur Taluk, Dindigul District. 3.The Joint Commissioner HR and CE Department, Dindigul District. 4.The Inspector, HR and CE Department, Nilakottai Range, Dindigul District. 5.The Executive Officer, Peria Muthalmman Temple, Ayyampalayam, Dindigul District. 6.The Inspector of Police Pattiveeranpatti Police Station, Dindigul District. _________ https://www.mhc.tn.gov.in/judis S.SRIMATHY, J vsg W.P.(MD) No. 20808 of 2025 31.07.2025 _________ https://www.mhc.tn.gov.in/judis