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2025 DAILYLAW 197932 (MAD)

A.NAGARAJ v. THE DISTRICT COLLECTOR

/40339/2025 · 2025-10-27

Transfer Petitionbody2025

Judgment text

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W.P.No.40339 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.10.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.40339 of 2025 A.Nagaraj ... Petitioner Vs. 1.The District Collector, Salem District, Salem. 2.The District Revenue Officer, Salem District, Salem. 3.The Revenue Divisional Officer, Sankagiri Taluk, Sankagiri, Salem District. 4.The Village Administration Officer, Kaligoundampalayam Village, Sankagiri Taluk, Salem District. 5.Krishnaveni 6.Mani @ Kandasamy 7.Madheshwaran 8.Muthusamy 9.Selvi 10.Chandrapraba 11.Malathi Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.40339 of 2025 12.The Tahsildar, Sankagiri Taluk, Salem District. [R12 suo-motu impleaded vide order dt.27.10.2025 made in W.P.No.40339 of 2025] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider petitioner's representation dated 22.09.2025 and consequently permit the members of petitioner's community to perform daily poojas, monthly rituals, and annual festivals in a peaceful and traditional manner in the temple of Sri Karuppusamy in S.No.164/2, Kaligoundampalayam Village, Sankagiri Taluk, Salem District ensure that Respondents 5 to 11 or any other third parties do not cause any obstruction, interference or disturbance in the conduct of such religious practices and festivals by petitioner's community. For Petitioner : Mr.A.Sathiya Prakash For Respondents : Mr.P.Ganesan Additional Government Pleader [R1 to R4] Notice dispensed with [R5 to R11] ***** ORDER The petitioner has filed this writ petition seeking a direction upon the respondents 1 to 4 to consider the petitioner's representation dated 22.09.2025 and consequently, to permit the members of the petitioner's community to perform daily poojas, monthly rituals, and annual festivals in a peaceful and traditional manner in the temple of Sri Karuppusamy in S.No.164/2, Kaligoundampalayam Village, Sankagiri Taluk, Salem District ensure that the respondents 5 to 11 or any other third parties do Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.40339 of 2025 not cause any obstruction, interference or disturbance in the conduct of such religious practices and festivals by the petitioner's community. 2. Since no adverse order is being passed against the respondents 5 to 11, notice to the respondents 5 to 11 is dispensed with. 3. The case of the petitioner is that his forefathers are devotees of Karuppannasamy Temple situated at S.No.164/2, Kaligoundampalayam Village, Sankagiri Taluk, Salem District. Whileso, the private respondents have fraudulently acquired the land belonging to the said temple and obstructed the temple activities. Thereafter, they have filed a suit in O.S.No.253 of 2022 on the file of District Munsif Court, Sankagiri seeking permanent injunction restraining the defendants and their men and agents from any way or in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property. In the said suit, the petitioner herein is one of the defendants. The said suit was dismissed for default vide order dated 27.02.2020. In order to transfer the patta in the name of the temple, the petitioner has made a petition before the 3rd respondent on 05.01.2016, however the same was dismissed by the 3rd respondent, vide order, dated 06.02.2020, on the ground that the disputed Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.40339 of 2025 land is classified as Government poromboke land and not classified as temple land. Aggrieved by the same, the petitioner has preferred an appeal before the 2nd respondent and the same is pending. Thereafter, on 22.09.2025, the petitioner has made representation before the respondents 1 to 4 seeking permission to perform pooja daily, monthly and annual festivals in the temple without the interference of the respondents 5 to 11. Since the same was not considered, the petitioner has filed the present writ petition before this Court for appropriate orders. 4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents 1 to 4 to consider the petitioner's representation dated 22.09.2025 and pass appropriate orders, on merits and in accordance with law, within a time frame that may be stipulated by this Court. 5. The representation made by the petitioner has to be considered by the jurisdictional Tahsildar and since the petitioner has not made the said authority as party to this writ petition, this Court suo-motu impleads The Tahsildar, Sankagiri Taluk, Salem District as one of the party Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.40339 of 2025 respondents in this writ petition viz., the 12th respondent. Registry is directed to carry out the necessary amendments in the cause title. 6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the newly impleaded 12th respondent to conduct enquiry in between the petitioner and the respondents 5 to 11 based on the petitioner's representation dated 22.09.2025, and pass appropriate orders, on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 7. With the above direction, this Writ Petition is disposed of. No costs. 27.10.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To 1.The District Collector, Salem District, Salem. 2.The District Revenue Officer, Salem District, Salem. M.DHANDAPANI, J. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.40339 of 2025 sp 3.The Revenue Divisional Officer, Sankagiri Taluk, Sankagiri, Salem District. 4.The Village Administration Officer, Kaligoundampalayam Village, Sankagiri Taluk, Salem District. 5.The Tahsildar, Sankagiri Taluk, Salem District. W.P.No.40339 of 2025 27.10.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis