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2025 Supreme(Online)(Mad) 65107
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
K.SELVARAJ NADAR – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
Writ Petition | WP No. 30632 of 2025
For the Appellants/Petitioners: Mr.T.Dharani
For the Respondents: Mr.R.Murthi, Mr.V.Meganathan, Mr.A.Sriram
The court recognized the right of community participation in a temple festival while clarifying that administrative claims must be resolved through proper legal channels.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus sought to ensure participation of a community in a temple festival after payment of tax - The proceedings highlighted the need for reconciliation among the involved parties, and that legal claims over temple management must be resolved in a competent forum. (Paras 1, 7, 8)
(B) Temple Administration - Rights of Participation - The petitioner community is allowed to partake in the temple festival; however, any rights of administration are to be adjudicated in the appropriate legal forum. (Paras 7, 8)
(C) Law and Order - The order emphasizes smooth conduct of the festival without disruption and includes provisions for all communities to participate peacefully. (Paras 7, 8)
Facts of the case:
The petition sought to secure the right for the petitioner and community to perform rituals during an upcoming temple festival, amid disputes regarding tax obligations and participation rights.
Findings of Court:
The court permitted the petitioner’s community to participate in the festival, ensuring a smooth process while leaving administrative rights unresolved for judicial determination.
Issues: The central question was whether the petitioner has the right to participate in the festival and claim tax payments amidst ongoing community disputes.
Ratio Decidendi: The court ruled permissively to facilitate participation while clarifying that governance issues related to the temple are to be legally adjudicated elsewhere, ensuring public order.
Result: Writ petition disposed in favor of ensuring participation.
| Table of Content |
|---|
| 1. petitioner seeks participation rights in the temple festival. (Para 1 , 2 , 4) |
| 2. dispute over tax and participation from other community. (Para 5 , 6) |
| 3. court allows participation while reserving management rights. (Para 7) |
| 4. emphasis on public order and smooth festival conduct. (Para 8) |
ORDER
This writ petition has been filed for issue of writ of mandamus directing respondents to 1 to 4 to deal with the representation made by the petitioner on 30.07.2025, wherein, the petitioner and his community people want to participate and perform poojas and offerings during the temple festival of Selliamman, Mariamman and Suruttaiamman scheduled to be held on
18.08.2025 after receiving the tax (Kudi Vari).
2.Heard Mr.T.Dharani, learned counsel appearing on behalf of the petitioner, Mr.R.Murthi, learned Government Advocate appearing on behalf of respondents 1, 3 and 4, Mr.V.Meganathan, learned Government Advocate appearing on behalf of the 2nd respondent and Mr.A.Sriram, learned counsel appearing on behalf of the 5th respondent.
3.On carefully going through the proceedings of the 3rd respondent dated
29.07.2025, it is seen that efforts were made to bring about a reconciliation between the two groups. But however, they were not able to reach an amicable settlement. Therefore, the parties were directed to approach the competent Court and workout their remedy.
4.The learned Government Advocate appearing on behalf of the 2nd respondent on instructions submitted that there are four communities in this village. Out of which, three communities are in administration of the temple and they do not want to receive any tax (Kudi Vari) from the petitioner and therefore, there is a dispute between the parties.
5.The learned counsel for the 5th respondent submitted that the petitioner and his community people were not prevented from participating in the festival and offering their prayers and only objection that was made is that the petitioner and his community people cannot claim any right over the administration and management of the temple.
6.The learned counsel for the petitioner submitted that the petitioner and his community people only want to participate in the festival and offer their prayers and to recieve the money paid by them towards tax.
7.Taking into consideration the facts and circumstances of the case and considering the fact that the festival is going to be conducted on 18.08.2025 and in order to ensure that the festival goes on in a smooth manner, the petitioner and his community people shall be permitted to participate in the festival and perform poojas and offerings and whatever amount is paid by them, shall be accepted by the persons who are in administration and management of the temple. Insofar as the right to administer and manage the temple, if the petitioner and his community people are claiming for any right, they have work it out only before the competent forum in the manner known to law. This order will confine itself only to ensure that the petitioner and his community people participate during the temple festival and nothing more.
8.The 2nd respondent shall ensure that the entire festival goes on in a smooth manner without giving rise to any law and order problem. The devotees belonging to all the communities shall be permitted to participate in the festival and to offer their prayers.
9.This writ petition is disposed of in the above terms. No costs.
