BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL W.P(MD)No.4807 of 2025 K.Kapil Dev ... Petitioner Vs

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

2. The Inspector of Police, Thilagarthidal Police Station, Madurai.

3. K.Mani @ Nadukaattan

4. M.Sonaimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 herein to grant permission to perform Maha Sivarathri Poojas and provide police protection to the Temple Arulmigu Sonaiah Kovil at Kaajimar Street and Glasskara Street, Town Hall Road, Madurai City on 26.02.2025 and give protection for the same, by considering the petitioners representation dated 16.02.2025 within a time frame.

For Petitioner : Mr.Aayiram k.Selvakumar, For R1 : Mr.M.Senthil Ayyanar Government Advocate For R2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 & R4 : Mr.S.Madhavan

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 herein to grant permission and police protection to perform Maha Sivarathri Poojas and provide police protection to the Temple Arulmigu Sonaiah Kovil at Kaajimar Street and Glasskara Street, Town Hall Road, Madurai City on 26.02.2025, by considering the petitioners representation dated 16.02.2025.

2.According to the petitioner, the petitioner is one of the pangalis to the said temple, but the private respondents have not even allowed him to worship the deity and do poojas at the said temple. Therefore, he sent a representation, dated 16.02.2025, but the same has not been considered. Hence this petition has been filed.

3.The learned Government Advocate appearing for the first respondent would submit that there is a dispute between the petitioner and the private respondents. Regarding which, a petition in O.A.No.10 of 2021 was filed and thereafter, an appeal in A.P.No.37 of 2023 was filed and the same is pending before the Commissioner, HR & CE Department, Chennai. Therefore, the rights of the parties cannot be decided now and this Court can pass appropriate orders for worshiping the deity.

4.The learned Additional Public Prosecutor appearing for the second respondent police would submit that there is a dispute between the parties in respect of the rights of the parties over the said temple. There is a chance for law and order issue, however, if the parties undertake to have dharsan in a peaceful manner without affecting law and order, the respondent police have no objection in granting permission in this regard.

5.The learned Counsel for the respondents 3 and 4 would submit that there is a dispute between the parties in respect of conducting poojas and the hereditary trustee and the matter is pending before the Commissioner, HR & CE Department, Chennai. The private respondents never restrained the petitioner from worshiping the deity. Therefore, the petitioner can have dharsan at any time.

6.Since the claim of the petitioner is to do poojas and dharsan, without affecting the rights of the parties, the petitioner is permitted have worship the deity on 26.02.2025 from 08.00 p.m to 01.00 a.m at the above said temple and can have all type of dharsans by offering pooja things to the existing poojari for this year. If any body creates law and order issue, it is for the second respondent to take appropriate steps in accordance with law.

7.With the above directions, this Writ Petition is disposed of.

21.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR Note: Issue order copy on 24.02.2025 To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

2. The Inspector of Police, Thilagarthidal Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.DHANABAL , J .

LR

21.02.2025