Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 6389 (MAD)

M.ARUMUGASWAMY v. REVENUE DIVISIONAL OFFICER

WP/19503/2025 · 2026-06-04

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 19503 of 2025 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP No. 19503 & 26276 of 2025 & WMP NO. 21796, 29575, 29578 & 29582 OF 2025 WP No. 19503 of 2025 M.Arumugaswamy ..Petitioner(s) Vs 1. Revenue Divisional Officer, 15, Police Quarters, Sankagiri Tiruchengode Road, Salem. 2. The Joint Commissioner, Hindu Religious and Endowment Board, Sankagiri Taluk, Salem 3. The Deputy Superintendent Of Police, Annanthanapatti Sankari Main Raod, Salem 4. The Inspector Ofpolice Sankagiri, Salem District - 637 107. 5. The Sub Inspector, GQG3+ R64, Thevur Police Station, Salem District - 637 107. 6. Arjunen ..Respondent(s) WP No. 26276 of 2025 1. M.Ponnusamy 2. A. Arjunan https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page2 of 7 3. S. Chinnapaiyan 4. K. Subramani 5. Senthilvelan, ..Petitioner(s) Vs 1. The Revenue Divisional Officer/ Sub Divisional Executive Magistrate, Sangagiri, Salem District. 2. M. Arumugam @ Arumugaswamy 3. N. Magudeswaran ..Respondent(s) PRAYER IN WP.No.19503 of 2025: This writ petition has been filed seeking for issuance of a Certiorari, to call for the records of the first respondent in Na Ka No.5046/2023(c) dated on 20.05.2025 and quash the same. PRAYER IN WP No. 26276 of 2025: This writ petition has been field seeking for issuance of a Certiorarified Mandamus, to call for the entire records of the impugned order of the 1st respondent dated 20.05.2025 in proceedings No.Na.Ka.5046/2023(C) and to quash the same as illegal, incompetent, non- application of mind and without jurisdiction and consequentially direct the respondent no.1, to permit the petitioners to conduct opening ceremony of newly installed idols and to conduct the Devam Festival in every year without any interference of the respondent nos.2 and 3 and their pangalis. https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page3 of 7 WP No. 19503 of 2025 For Petitioner(s): Mr.S.Sivaraman For Respondent(s): Mr.R.Ganesh Kumar, Govt.Counsel(Crl.Side) for R1, R3 to R5 Mr.B.Karthikeyan, Govt. Counsel for R2 Mr.MA.P.Thangavel for R6 WP No.26276 of 2025 For Petitioner(s): Mr.MA.P.Thangavel For Respondent(s): Mr.R.Ganesh Kumar, Govt.Counsel(Crl.Side) for R1 Mr.S.Sivaraman, for R2 COMMON ORDER Both the writ petitions have been filed challenging the order passed by the first respondent dated 20.05.2025, thereby refusing in handing over Sri Iyyanarappan, Sri Veerakaran Periandavar Temple to ‘’A’’ party or ‘’B’’ party and hand over the same to the second respondent for its administration. 2. Both the petitioners are ‘’A’’ and ‘’B’’ parties. Aggrieved by the order passed by the first respondent, both the parties have filed the present writ petitions, by claiming their title over the Temple. https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page4 of 7 3. Heard both the parties and perused the entire materials available on record. 4. Admittedly, Sri Iyyanarappan, Sri Veerakaran Periandavar Temple situated in the land comprised in S.No.124/2 to an extent of 0.05.5 hectares and it is classified as Government Poramboke land situated at Koneripatti Agraharam Village, Salem District. Further, both the parties are claiming the said Temple as a private one(denominational temple) and the Temple is ‘’under lock and key’’. Though the first respondent directed the 4th respondent to hand over the Temple to the second respondent, so far the second respondent did not take any action to take over the Temple and it is kept ‘’under lock and key’’, without doing any poozas. Further, both the parties are ‘’A’’ and ‘’B’’ parties and willing to go before the civil Court to ascertain their right over the Temple. In the meanwhile, till the outcome of the civil case, the second respondent can administer the Temple by doing regular poozas and other festivals. 5. The learned counsel for the second respondent submits that the Temple is ‘’under lock and key’’ and no poozas or any other festivals are conducted so far, since, this Court ordered status quo in W.P.No.26276 of 2025, by order dated 22.07.2025. 6 In view of the above submission, the order passed by the first https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page5 of 7 respondent cannot be sustainable and liable to be quashed. Accordingly, the order dated 20.05.2025, passed by the first respondent is set aside. Both the ‘’A’’ and ‘’B’’ parties are at liberty to approach the civil Court to ascertain their respective rights over Sri Iyyanarappan, Sri Veerakaran Periandavar Temple, which is situated in the land comprised in S.No.124/2 to an extent of 0.05.5 hectares and it is classified as Government Poramboke land situated at Koneripatti Agraharam Village, Salem District. Till the outcome of the civil case to be initiated by both the parties, at the request of both the parties, the second respondent is directed to appoint a common poozari, for Sri Iyyanarappan, Sri Veerakaran Periandavar Temple, to conduct regular poozas and other festivals, on condition that both the parties shall not create any law and order problem, while conducting daily poozas and other festivals. 7. With the above direction, the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 04-06-2026 Neutral Citation: Yes/No DN https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page6 of 7 TO 1. Revenue Divisional Officer, 15, Police Quarters, Sankagiri Tiruchengode Road, Salem. 2. The Joint Commissioner, Hindu Religious and Endowment Board, Sankagiri Taluk, Salem 3. The Deputy Superintendent Of Police, Annanthanapatti Sankari Main Raod, Salem 4. The Inspector Ofpolice Sankagiri, Salem District - 637 107. 5. The Sub Inspector, GQG3+ R64, Thevur Police Station, Salem District - 637 107. 6. The Revenue Divisional Officer/ Sub Divisional Executive Magistrate, Sangagiri, Salem District. https://www.mhc.tn.gov.in/judis WP No. 19503 of 2025 __________ Page7 of 7 G.K.ILANTHIRAIYAN J. DN WP No. 19503 & 26276 of 2025 & WMP NO. 21796, 29575, 29578 & 29582 OF 2025 04-06-2026 https://www.mhc.tn.gov.in/judis