W.P.No.19731 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.05.2025 CORAM : THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Writ Petition No .19731 of 2025 and W.M.P.Nos.22148, 22150 & 22151 of 2025 S.Rajagopal ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and charitable Endowment Department, Kariyaperumal Koil Salai, Nethemedu, Salem - 636 002. 2.The Assistant Commissioner, Hindu Religious and charitable Endowment Department, Kariyaperumal Koil Salai, Nethemedu, Salem - 636 002. 3.The Executive Officer, Hindu Religious and charitable Endowment Department, At Sri Balasubramaniya Samy Thirukoil, Vadachennimalai Kattukottai, Talaivasal Taluk, Salem District. Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 4.The Executive Magistrate/Thasildar, Talaivasal Taluk, Talaivasal, Salem District. 5.Anbazhagan 6.Sreerama Gounder 7.Muthusamy 8.Prabhu 9.Selvaraj … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to quash the erroneous order passed by the fourth respondent in Na.Ka.1863/2025/A1, dated 27.05.2025, and consequently direct the respondents to allow the petitioner and other community members of Navakkurichi Village to participate & contribute towards the festival performed for Arulmigu Vadakaraiyan @ Muthaiah temple. For Petitioner : Mr.S.Ilamuhil For Respondents 1 to 3 : Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR&CE) For Respondent 4 :Mr.P.Ganesan, Additional Government Pleader Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 O R D E R The petitioner has filed this petition to quash the erroneous order passed by the fourth respondent in Na.Ka.1863/2025/A1, dated 27.05.2025, and consequently direct the respondents to allow the petitioner and other community members of Navakkurichi Village to participate & contribute towards the festival performed for Arulmigu Vadakaraiyan @ Muthaiah temple. 2. The case of the petitioner is that in the year 2024, the respondents 5 to 9 have organised Arulmigu Vadakaraiyan @ Muthaiah temple festival, however, restrained the petitioner and his community memebrs to perfom poojas and abhishekam in the said temple. Challenging the same, the petitioner has preferred a writ petition before this Court in W.P.No.13638 of 2024, which was dismissed on 15.05.2024. Again, for the year 2025, the respondents 5 to 9 are organising the festival in the said temple from Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 28.05.2025 to 30.05.2025 without receiving any contribution from the petitioner's community members or any other community of the village. In this connection, the petitioner has sent a representation dated 21.03.2025 to the first respondent to oversee the festival and allow them to contribute and perform poojas. Without considering the fact that the temple is a public temple, the first respondent passed the impugned order dated 27.05.2025, directing the petitioner's community to maintain status quo. Aggrived over the said order, the petitioner has come forward with the present writ petition. 3. Heard the learned counsel on either side and perused the materials available on record. 4. To support his contention, learned counsel for the petitioner relied on the decree passed in O.S.No.678 of 1987. On perusal of the same, it is evident that the Court below has directed the defendants/respondents herein not to restrain the plaintiffs/petitioner's community from performing poojas Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 and special abhishekams in the aforesaid temple. Even after the said decree, the petitioner or his community people are not allowed to participate in the poojas and contribute for the festival of the above said temple. 5. Admittedly, there was a meeting conducted by the fourth respondent on 22.05.2025 by issuing notice to all the parties concerned, calling upon them for an enquiry on 24.05.2025. After the completion of enquiry, the fourth respondent passed the impugned order dated 27.05.2025 vide Na.Ka.1863/2025/A1, stating that already a suit in O.S.No.558 of 2004 was pending before the Civil Court for the similar relief, prayed in this writ petition and directed the petitioner and his community to maintain status-quo, allowing the respondents 5 to 9 to perform poojas. 6. As per the decree in O.S.No.678 of 1987, the respondents 5 to 9 or the Natanmais are not the competent authority to perform poojas in the aforesaid temple. For better appreciation, the relevant portion of the said Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 decree is extracted hereunder: vdnt Vw;fdnt fz;Ls;s jPh;khd';fspd; mog;gilapy; ,t;thjpahdtu; nkw;go jpUtpHhf;fs; eilbgWk; fhyj;jpYk; tpnrcw g{i$fs; eilbgWk; fhyj;jpy; tHpghL bra;tijnah. bjhd;Wbjhl;L tUk; eilKiwapd;go gpuhu;j;jid bra;tijnah kw;Wk; bjhd;Wbjhl;L tUk; mog;gilapy; jpUtpHhf;fs;. tpnrcw';fs; eilbgWtjpy; fye;J bfhs;tijnah nkw;go gpujpthjpfs; jil bra;af;TlhJ vd epue;ju cWj;Jfl;lid gupfhuk; rw;nw khw;wpaikf;fg;gl;L thjpfSf;F tH';fg;gLfpd;wJ/ Since the decree was already passed in favour of the petitioner and his community, the respondents 5 to 9 are not the authority to prevent them from participating and performing poojas in the aforesaid temple. Hence, this Court is inclined to issue the following directions: (i) The respondents 3 & 4 are directed to oversee the festival, which was scheduled between 28.05.2025 and 30.05.2025 with the assistance of the Police of local jurisdication; Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 (ii) The petitioner and the other villagers of the Navakkurichi Village shall also participate in the festival and make their monetary contributions. 7. With the aforesaid observation and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 29.05.2025 vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No Note: Issue order copy on 29.05.2025 To: 1.The Joint Commissioner, Hindu Religious and charitable Endowment Department, Kariyaperumal Koil Salai, Nethemedu, Salem - 636 002. 2.The Assistant Commissioner, Hindu Religious and charitable Endowment Department, Kariyaperumal Koil Salai, Nethemedu, Salem - 636 002. Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19731 of 2025 T.V.THAMILSELVI,J. vm 3.The Executive Officer, Hindu Religious and charitable Endowment Department, At Sri Balasubramaniya Samy Thirukoil, Vadachennimalai Kattukottai, Talaivasal Taluk, Salem District. 4.The Executive Magistrate/Thasildar, Talaivasal Taluk, Talaivasal, Salem District. W.P.No.19731 of 2025 29.05.2025 Page No.8 of 8 https://www.mhc.tn.gov.in/judis