The court affirmed the petitioners' right to conduct the Kudai Festival pending resolution of legal disputes regarding temple administration, emphasizing due process and respect for ongoing litigation.

ORDER :

The petitioner has filed the present Writ Petition in W.P.(MD) No.4620 of 2025, seeking a direction to the respondents 1 & 2 to permit the trust members of Sri Kulasekara Amman Koil, Komarathar to conduct the “Kudai Festival” every year without any interference or hindrance with the help of the third respondent/Superintendant of Police, Tenkasi based on the petitioner's representation dated 09.02.2025.

2. The notice dated 04.02.2025 passed by the third respondent/the Joint Commissioner, Thoothukudi has been put under challenge by the petitioner in W.P.(MD)No.4621 of 2025. The petitioner has further sought a direction to the third respondent/ the Joint Commissioner, Thoothukudi not to interfere or initiate any proceedings in regard to “Arulmigu Kulasekaran Amman Thirukovil- Urmelalagiyan Village” till the disposal of the revision petition aroused in order No.12784/2022 dated 02.05.2022 pending before the first respondent.

3. Since the issue involved in both the petitions revolves around the rights and administration of the temple namely, “Arulmigu Kulasekaran Amman Thirukovil-Urmelalagiyan Village” and the orders passed related to the same by the official respondents herein, are one and the same, both the Writ Petitions are taken up together and disposed of, by way of a common order.

4. The gist and kernel of the case of the petitioner in both the petitions are as follows:

The subject temple is a private temple which belongs to their ancestors viz., Komarathar community and they have also formed a registered trust to administer the temple affairs such as poojas, festivals etc. Now some other communities of the village are trying to claim over their right and creating problems in the routine administration of the temple, as well as in conducting the festivals every year. It is also their grievance that pending revision before the first respondent/Principal Secretary, HR & CE Department challenging the appointment of Fit Person and the O.A.No.9 of 2024 claiming over the rights of the temple and appointment of Fit Person, the Joint Commissioner, Thoothukudi, without considering the aforesaid aspects, has passed the impugned order dated 04.02.2025.

5. Aggrieved over the same, the petitioners have come forward before this Court seeking directions to the official respondents namely, the Principal Secretary, HR & CE, Chennai, the Commissioner, HR & CE, Chennai and the Joint Commissioner, Thoothukudi for the above stated reliefs in the Writ Petitions respectively.

6. The learned counsel for the petitioner in both the Writ Petitions submitted that the temple belongs to their ancestors and they have been administering the temple for the past 150 years and also formed a registered trust to maintain the temple. She further contended that since a revision challenging the appointment of the Fit Person and an Original Application, claiming rights over the temple as well as challenging the appointment of Fit person to the temple, are pending before the first respondent and the Joint Commissioner, Tirunelveli now, the Joint Commissioner, Thoothukudi without considering the same, has passed an order dated 04.02.2025, which is an abuse process of law and the same is liable to be quashed. She also contended that the original application pending before the Joint Commissioner, Thoothukudi has been now transferred to the Joint Commissioner, Tirunelveli as the petitioner is of the opinion that the Joint Commissioner, Thoothukudi is acting biased in the matter. Furthermore, she urged that permission has to be granted to them to conduct “Kudai Festival” without any interference and hindrance by the official respondents, as well as by any private parties and prayed to allow the present Writ Petitions.

7. In furtherance, she contended that there was no communal issues till 2019 and to substantiate their stand that the temple is a private temple, the learned counsel cited the content of the interim order passed by the Hon'ble Division Bench of this Court i