JUDGMENT/ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration to declare the decision taken in the Peace Committee Meeting dated 21.08.2021 held by the first respondent herein with regard to Arulmighu Thittumalai Kaliamman Temple situated in S.No.186/1 at Patharakudi Village, Kazhanivasal Gropu, Karaikudi, Sivagangai District as null and void.

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration to direct the respondents to permit the petitioner to continue as the priest and perform daily poojas in the Thittumalai Kaliamman Temple situated in SurveyNo.186/1, Patharakudi Village in Managiri Sukkanedhal Revenue Village, Karaikudi Taluk, Sivagangai District and for that limited purpose open the Temple.

1. W.P.(MD)No.15784 of 2021 had been filed by K.Bose, claiming to be the Secretary of Kazhanivasal Adi Dravida Community at Karaikudi in Sivagangai District, seeking a Declaration that a decision taken to lock and seal the Thittumalai Kaliamman Temple and prevent even daily Poojas from being conducted in the Peace Committee Meeting on 21.08.2021 by the 1st respondent, Tashildar, Karaikudi, as null and void.

2. W.P.(MD)No.19922 of 2021 had been filed by K.Yoganathan, claiming to be the Poojari of Thittumalai Kaliamman Temple, seeking a Mandamus, directing the respondents to permit him to continue as Poojari and perform daily Poojas to the Goddess.

3. In the affidavits filed in support of both the Writ Petitions, it had been claimed that Goddess Thittumalai Kaliamman appeared in the dream of the forefathers of the Writ Petitioners nearly more than 300 years back, and the Deity was identified and recovered from the bushes in the lands at Kazhanivasal Village. The petitioners, who both belong to Adi Dravida Community further claim right to do the Poojas for the Deity, and more particularly, the petitioner in W.P.(MD)No.19922 of 2021 has claimed hereditary rights to do the Poojas. Both the Writ Petitioners further claim that the land in S.No.186/1 where the Temple is situated and also a larger area of land were bestowed on their forefather, Azhagan by the Ramanathapuram Samasthanam as Inam. They further claim that two Seppu Pattayams, now in the custody of the Government evidence this fact. They complain interference with the exclusive right of the Adi Dravida Community to perform Poojas.

4. The issue in both the Writ Petitions surround right to conduct Pooja and worship at Arulmighu Thittumalai Kaliamman Temple at Patharakudi Village, Kazhanivasal Group, Karaikudi, Sivagangai District.

5. There was a Peace Committee Meeting on 21.08.2021, wherein, the Tahsildar, had directed the temple to be kept under lock and seal and had issued orders that even the daily Poojas should not be performed. This order had been impugned in W.P.(MD)No.15784 of 2021. Complaining that by this order, he had, as Hereditary Poojari, been directly affected, W.P.(MD)No.19922 of 2021 had been filed by the petitioner seeking permission to open the temple and to be permitted to do the daily poojas.

6. It is the grievance of the petitioners in both the Writ Petitions that a Peace Committee Meeting had been convened by the Tahsildar on 18.09.2021, in which, three rival groups, namely, the villagers from Patharakudi, Pillayarpatti and Kazhanivasal, had given the respective opinions and all of them had laid exclusive claim to the right to control the administration of the temple. The meeting was inconclusive and status-quo order was directed to be maintained. Both the Writ Petitioners thus effectively sought opening of the temple for conducting daily poojas and for daily worship.

7. A counter affidavit had been filed on behalf of the third respondent in W.P.(MD)No.15784 of 2021, in which it had been claimed that Arulmighu Thittumalai Kaliamman Temple belongs to the three village people of Patharakudi, Pillayarpatti and Nemam. All the villagers are entitled to worsh