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2025 DAILYLAW 31992 (MAD)

DHANAPAL v. DISTRICT COLLECTOR

WP/8245/2025 · 2025-09-19

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.8245 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.09.2025 Coram: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8245 of 2025 and W.M.P.Nos.9253, 9254 and 9255 and 30752 of 2025 --- 1. Dhanapal 2. Sampath 3. Malligarjunan 4. Manjunathan .. Petitioners Vs. 1. District Collector, Collectorate Campus, Vengikkal, Thiruvannamalai - 606 604. 2. Revenue Divisional Officer, R.D.O Office, Arni, Thiruvannamalai District. 3. Thasildhar, Taluk Office, Kalasapakkam Taluk. 4. Deputy Superintendent of Police, Polur Town, Thiruvannamalai District. 5. Mani 6. The Assistant Commissioner, Page No. 1 / 6 https://www.mhc.tn.gov.in/judis W.P.No.8245 of 2025 Hindu Religious and Charitable Endowments Department, Thiruvannamalai. (Sixth respondent suo motu impleaded as per order dated 11.03.2025 in W.P.No.8245 of 2025) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent herein in Na.Ka.A3/2905/2024, dated 06.09.2024 and to quash the same as illegal and consequently direct the respondents 2 and 3 herein to allow the petitioners to perform festivals and rituals in the Village Temples, i.e. Sakthi Vinayagar Temple, Kaliyammal Temple, Gangaiyamman Temple and Vediyappan Temple situated at Melsiruvallur Village, Siruvallur Madura, Kalasapakkam Taluk. For petitioner : Mr.V.Prakash Babu For respondents: Mrs.S.Anitha, Spl.G.P. for RR-1 to 3 Mr.S.Ravichandran, Add.G.P. for R-6 Mr.S.Balaji, Govt. Advoctae (Criminal Side) for R-4 No appearance for R-5 ORDER The petitioner has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent herein in Na.Ka.A3/2905/2024, dated 06.09.2024 and to quash the same as Page No. 2 / 6 https://www.mhc.tn.gov.in/judis W.P.No.8245 of 2025 illegal and consequently direct the respondents 2 and 3 herein to allow the petitioners to perform festivals and rituals in the Village Temples, i.e. Sakthi Vinayagar Temple, Kaliyammal Temple, Gangaiyamman Temple and Vediyappan Temple situated at Melsiruvallur Village, Siruvallur Madura, Kalasapakkam Taluk. 2. Learned counsel for the petitioner submitted that the petitioner is a devotee of several Temples and during the festival times, all the villagers join together and perform the festivals and other religious rituals, especially in the Tamil months of Thai and Adi. All the expenses for the above festivals are borne out by the common contribution given by the villagers of the Melsiruvalur Village, Siruvallur Madura, Kalasapakkam Taluk, Thiruvannamalai District. Subsequently, there was a dispute between the parties with regard to the performance of the rituals and the same had led to a law and order issue, for which, the Revenue Division Officer has conducted enquiry and peace committee meeting was converned and order was passed under Section 106 of the Tamil Nadu Hindu Religious and Charitable Endowment Act by the second respondent, against which, the present Writ Petition is filed. 3. Learned counsel for the petitioner further submitted that some dispute is pending between the parties, in regard to which, a civil suit is already pending in O.S.No.54 of 2023 on the file of the District Munsif Court, Kalasapakkam and prayed that this Court may grant liberty to the petitioner to work out their Page No. 3 / 6 https://www.mhc.tn.gov.in/judis W.P.No.8245 of 2025 dispute/remedy before the Civil Court in the manner known to law. 4. Learned counsel appearing for the official respondents submitted that in view of the dispute between the parties, a Fit Person was sought to be appointed for performance of the functions in the Temples. 5. This Court accordingly directs the official respondents to appoint a Fit Person to perform the religious functions and other rituals of the Temples. 6. Learned counsel appearing for the private respondents submitted that the dispute is pending before the Civil Court in the said suit, and this Court may grant liberty to the parties to provide and canvass all the points before the Civil Court. 7. The dispute is with regard to the two groups for performance of the festivals. If the petitioner's group and the other group come forward before the respondents to conduct the festivals in a peaceful manner by executing a joint compromise memo and allow the petitioner and the other groups to perform poojas and if the dispute still continues, the Fit Person shall be appointed to perform the Poojas/festivals/rituals. 8. With the above observations, the Writ Pettion is disposed of. There shall be no order as to costs. The miscellaneous petitions are closed. 19.09.2025 cs Page No. 4 / 6 https://www.mhc.tn.gov.in/judis W.P.No.8245 of 2025 To 1. District Collector, Collectorate Campus, Vengikkal, Thiruvannamalai - 606 604. 2. Revenue Divisional Officer, R.D.O Office, Arni, Thiruvannamalai District. 3. Thasildhar, Taluk Office, Kalasapakkam Taluk, Tiruvannamalai District. 4. Deputy Superintendent of Police, Polur Town, Thiruvannamalai District. 5. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvannamalai. Page No. 5 / 6 https://www.mhc.tn.gov.in/judis W.P.No.8245 of 2025 M.DHANDAPANI, J cs W.P.No.8245 of 2025 19.09.2025 Page No. 6 / 6 https://www.mhc.tn.gov.in/judis