ORDER

The petitioner is a native of Kemalabath Village, Tuticorin District.

During a Temple festival, there was a dispute between the agnates and cognates in the village and therefore, the ancestors of the petitioner took a jpl;L hand of sand from the Temple and put up a Beedam ( ) in their patta land and were worshipping the same as their family deity for the past 75 years. In the year 2002, the Hindu Religious and Charitable Endowments Department has made an attempt to bring this Beedam under their control and offered money for Oorukala Pooja. Since the Temple is administered by the family members alone, the petitioner refused to accept the proposal and therefore, the Department has withdrawn the proposal by order dated 16.08.2002. Thereafter, the petitioner's family has constructed the Temple with deities, poorana, puskala vembadi saltha, vinayagar and murugan idols, in the year 2010, through the funds collected from the family members and also performed the consecration for the Temple on

08.06.2011.

2.Again, in the year 2021, the third respondent has sent a cheque for Oorukala Pooja and the same was also returned by the petitioner on 13.05.2022. According to the petitioner, the Temple was constructed in their patta land and they are maintaining the deity as their family deity. While so, the third respondent has issued a notice dated 16.06.2023, calling upon the petitioner to explain the structures since they were made without the concurrence of the Hindu Religious and Charitable Endowments Department. Aggrieved over the same, the petitioner has filed this writ petition.

3.Learned Counsel appearing for the petitioner submitted that the petitioner's father, Thiru P.Muthalu, has purchased a piece of property through a registered sale deed in Doc.No.1527 of 1946, dated 21.03.1946, jpl;L wherein, they have put up a Beedam ( ) and worshipping the same as their family deity, for the past 77 years. He further submitted that they are not collecting any money or articles from the outsiders and they are performing poojas three times a day, from their own money. From the year 2005 onwards, the petitioner's family is performing 'Panguni Pongal' festival for the deity, amongst the family members. Later, during the year 2011, the Bheedam has been developed as a Temple in their patta land in S.No.167, out of their own funds and their private lands in S.Nos.164, 178 are used as pathways and they are maintaining it as a Temple for the past 15 years, without collecting funds from any third parties. He has also produced copies of the revenue records for the lands in S.Nos.164, 167, 178.

4.He further submitted that the first consecration for the Temple was performed on 08.06.2011. They have formed a Trust, namely, Sri Murugaiya Muthalukone Trust [SRI MMK Trust], for maintaining the Temple. The trust deed was registered as Doc.No.12 of 2023, dated 03.03.2023 and Doc.No.28 of 2023, dated 31.08.2023. The next Kumbabhisekam for the Temple was scheduled to be performed on 03.09.2023, through the Trust, out of the funds collected from the family members alone. Therefore, they are not inclined to accept the offer made by the Hindu Religious and Charitable Endowments Department. While so, the third respondent, with an ulterior motive, has issued a notice calling upon the petitioner to explain about the constructions for Kumbabhisekam, made in their patta land.

5.Learned Special Government Pleader appearing for the respondents submitted that the impugned notice is only a show cause notice, calling upon the petitioner to offer his explanation for the constructions made by them. Therefore, there is no necessity to interfere with the same.

6.This Court considered the rival submissions made on either side and perused the materials placed on record.

7.The petitioner's family is maintaining the deity as their family deity for the past 77 years and they are maintaining it as a Temple for the past 15 years. Admittedly, the Temple was constructed by the petitioner's