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2025 Supreme(Mad) 2627

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P. Dhanabal, J.
Muthu and ors. - Petitioners
Versus
The Joint Commissioner, Hindu Religious and Charitable Endowments Department and ors. - Respondents
W.P.(MD)No.3552 of 2025 and W.M.P(MD)No.2519 of 2025
Decided On : 07-04-2025

Advocates:
Advocate Appeared:
For the Petitioner: Mr. J.Selvam
For the Respondent:Mr. M. Senthil Ayyanar, Government Advocate, Mr. M.Sakthi Kumar, Government Advocate, Mr. Karthikeya Venkatachalapathy, Mr. S. Madhavan

The conduct of temple festivals is not adversely affected by ongoing poojariship disputes, allowing for celebrations under existing law and order conditions.

Headnote:(A) Hindu Religious and Charitable Endowments Act - The writ petition requested to quash the order preventing the petitioners from conducting a temple festival. The legality of poojariship and resolution from previous peace committee meetings were critical. (Paras 2, 3, 4, 5, 6, 7)

(B) Legal dispute - The conduct of festivals is not hindered by a disagreement as to poojariship rights, which remains sub judice. The HR & CE Department retains authority over such disputes. Final decisions must cater to law and order during celebrations. (Paras 2, 6, 7)

Facts of the case:
The petitioner, a temple poojari, challenges an order by the HR & CE Department limiting festival conduct based on previous resolutions regarding poojariship. Disputes led to criminal charges pending in court. (Paras 2, 4)

Findings of Court:
The festival can proceed without disturbances as extensive measures for management have been communicated. Quashing the order is unnecessary as no direct impact on the rights of the parties is at hand. (Paras 7)

Issues: Whether festival conduct can be allowed amid ongoing poojariship disputes, and the authority of the HR & CE Department in such matters. (Paras 6, 7)

Ratio Decidendi: The court determined that existing disputes regarding poojariship do not impede the festival's continuation and affirmed the HR & CE Department's oversight in such conflicts without adverse rulings against any party. (Paras 5, 7)

Result: Writ Petition dismissed with liberty to participate in festival proceedings.

Table of Content
1. petition for intervention in temple festival dispute. (Para 1 , 2)
2. arguments regarding ongoing disputes and festival conduct. (Para 3 , 4 , 5 , 6)
3. court's assessment on the non-impact of orders on rights. (Para 7)
4. writ petition dismissed with participation liberty. (Para 8)

ORDER :

P. Dhanabal, J.

This Writ Petition has been filed by the petitioner to call for the records pertaining to the impugned order passed by the fifth respondent in dated 29.01.2025 and quash the same and consequently direct the respondents 6 to 9 not to interefere in the dispute in O.A.No.1 of 2022 pending on the file of the first respondent.

2. The learned counsel appearing for the petitioners would submit that the first petitioner is the poojari of Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District . While so, the fifth respondent initiated proceedings in and passed order that the temple festival has to be conducted by all the villagers as conducted in the year 2018. So far as poojariship is concerned Hindu Religious and Charitable Endowments Act Department has to pass orders and if any law and order issue arises the police can take action. But in that order the petitioner has not signed. The festival of pidi mann eduthal has been celebrated once in three years from time immemorial . While so, in the year 2018 the 9th respondent who is the poojari of Chekkumudai Karuppasamy claimed as if he has right in poojariship of Arulmigu Sree Manjamalai Ayyanar Temple making troubles in conducting poojas. While so, a case has been registered in Crime No.1391 of 2020 for the offences under Sections 147 ,294(b), 323,324 and 506(ii) of IPC and thereafter after completing investigation filed final report and the same is pending C.C.No.601 of 2023 before the learned Judicial Magistrate, Vadipatti. The petitioner also filed O.A. No.1 of 2022 on the file of the first respondent and the same is also pending. This being so, the petitioner along with other villagers decided to conduct the festival of 'pidi man eduthal' from 31.01.2025 to 15.02.2025 ,preferred petition before the eighth respondent seeking permission for police protection on 27.01.2025. The third respondent sent a letter dated 28.01.2025 to the fifth respondent for conduct of peace committee meeting and thereafter the present impugned order has been passed by the fifth respondent. The dispute in respect of poojariship is subjudice in O.A.No.1 of 2022 on the file of the first respondent, while the order of the first respondent is wholly unwarranted. Therefore the order passed by the fifth respondent is liable to be quashed.

3. The learned Government Advocate appearing for the respondents 1 to 5 would submit that the petitioners have filed this petition as against the private respondents in O.A.No. 01 of 2022 before the first respondent in respect of poojariship for the Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District and the same is pending. In the meantime, the petitioner wanted to conduct the festival of 'pidiman eduthal' and thereby they sought for police protection and the same is pending.

4. He would further submit that based on the representation made by the petitioners the eighth respondent forwarded a complaint and also conducted peace committee meeting and as per the peace committee meeting the matter has been settled. However 'A' party, petitioners herein refused to sign in the peace committee meeting resolution.

5. The learned Government Advocate(Crl.Side) appearing for the respondents 6 to 8 would submit that there is a dispute pending between the parties in respect of conduct of festival of Arulmigu Sree Manjamalai Ayyanar Temple situated at Valayapatti Village, Vadipati Taluk, Madurai District , thereby they referred the matter to revenue authorities for conduct of peace committee meeting as per the peace committee meeting, resolution passed by the fifth respondent

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