Extracted from the PDF above. The PDF is authoritative.
W.P.No.6695 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6695 of 2025 R. Palani
... Petitioner Vs. 1. The District Collector, Namakkal District, Namakkal- 637 001. 2. The Superintendent of Police, Namakkal District, Namakkal - 637 003. 3. The Tasildhar, Chentamangalam Taluk, Senthamangalam Namakkal District - 637 409. 4. The Inspector of Police, Senthamangalam Police Station, Chentamangalam, Namakkal District - 637 409. 5. Mani
6. Suresh 1/6 https://www.mhc.tn.gov.in/judis
W.P.No.6695 of 2025
7. Raman
8. Vigneshvaran
... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct respondent Nos.1 to 4 to take appropriate action against respondent Nos.5, 6, 7, and 8 and restrain them from doing any activities in the petitioner temple in the guise of conducting festivals, rituals or any ceremonies whatsoever in petitioner Perumapaliyam Mariamman Temple in Survey No.227/1A, Perumapaliyam, Muthugapatti Village, Senthamangalam Taluk, Namakkal considering the petitioner's representation dated 21.02.2025. For Petitioner : Mr.V.Prasad For Respondent : Mr.P.Balathandayutham Nos.1 & 3 Special Government Pleader For Respondent : Mr.A.Gopinath
Nos.2 & 4 Government Advocate (Crl.Side) O R D E R This petition has been filed seeking direction to the respondents 1 to 4 to take appropriate action against the respondents 5 to 8 and restrain them from doing any activities in the petitioner's temple under the guise of conducting festivals, rituals or any ceremonies whatsoever in 2/6 https://www.mhc.tn.gov.in/judis
W.P.No.6695 of 2025 petitioner's Perumapaliyam Mariamman Temple in Survey No.227/1A, Perumapaliyam Muthugapatti Village, Senthamangalam Taluk, Namakkal. 2. The subject matter of the writ petition and the issue related to that pertains to a temple property which has been for the past 95 years with the peaceful possession and enjoyment of the petitioner's family. Originally, the land was purchased by virtue of registered sale deed on 15th February 1933 by the petitioner's grand father and he has constructed a Mariamman Temple there on and all poojas, rituals and festivals were done by his grand father. After the demise of his grandfather, the petitioner's father has taken the possession of the temple and after the demise of his father, the petitioner has taken the possession and performing poojas, rituals and festivals. However, from 2019 onwards, the respondents 5to 8 have started meddling with the temple activities with ulterior motive and attempted to occupy the illegal possession which was thwarted by the petitioner on the intervention of the revenue authorities.
Now, again the respondents 5 to 8 are trying to usurp the 3/6 https://www.mhc.tn.gov.in/judis
W.P.No.6695 of 2025 petitioner's right on the temple's land on the pretext of conducting a temple festival in which they are no way connected and they do not have any documents in their favour. Per contra, the petitioner has full title and possession. Since the petitioner apprehends that the respondents 5 to 8 would disturb the possession, he has requested the intervention of the revenue and police authorities. No action has been taken so far. Hence, the present petition. 3. Considering the facts and circumstances of the case and the
submissions made by either counsel and perused the materials available on records, this Court is of the view that the aforesaid temple is a private temple and there was a dispute between the petitioner and the respondents 5 to 8 herein with regard to temple activities. In the private temple, the respondents 1 to 4 have no role to play that too by restraining that the respondents 5 to 8 from their claim over the temple. Since, the entire allegations are civil in nature and the petitioner has already approached the Civil Court for permanent relief as against the respondents 5 to 8 herein, the prayer sought for in this petition cannot be 4/6 https://www.mhc.tn.gov.in/judis
W.P.No.6695 of 2025 entertained and liable to be dismissed.
4. Accordingly, this Writ Petition is dismissed. No costs. 25.02.2025 Vv To
1. The District Collector, Namakkal District, Namakkal- 637 001.
2. The Superintendent of Police, Namakkal District, Namakkal - 637 003.
3. The Tasildhar, Chentamangalam Taluk, Senthamangalam Namakkal District - 637 409.
4. The Inspector of Police, Senthamangalam Police Station, Chentamangalam, Namakkal District - 637 409. 5/6 https://www.mhc.tn.gov.in/judis
W.P.No.6695 of 2025 G.K.ILANTHIRAIYAN, J. Vv W.P.No.6695 of 2025 25.02.2025 6/6 https://www.mhc.tn.gov.in/judis