IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, R.Poornima, JJ
Ayyakannu – Appellant
Versus
S.Marimuthu – Respondent
W.A(MD)No.805 of 2026|CMP(MD)No.6629 of 2026
| Table of Content |
|---|
| 1. maintainability of writ appeal regarding temple custom disputes. (Para 1 , 2 , 3) |
| 2. the court will not interfere with ad interim orders passed while reserving judgment in a main writ petition. (Para 4 , 5 , 6 , 7 , 8) |
(Judgment of the Court was delivered by D.Bharatha Chakravarthy, J.)
This writ appeal is filed feeling aggrieved by the order dated
07.05.2026 made in W.P.Crl.(MD)No.2710 of 2026.
2. The learned counsel appearing on behalf of the petitioners would submit that in essence, the custom prevalent in the temple is in question and therefore, the writ appeal is maintainable.
3. Considering the said submissions, we are also of the view that nothing criminal in nature about the instant proceedings and therefore, the writ appeal is maintainable.
4. The learned counsel would submit that the impugned order passed by the learned Judge is without giving an opportunity to the petitioners who are directly aggrieved by the direction to permit procession by a new separate deity. The deity that is there in the petitioners’ temple is only to be used. Even the petitioners are willing for a joint conduct of the festival.
5. The learned counsel taking notice on behalf of the first respondent would submit that it was never permitted and only because the petitioners and their village people are neither giving the deity nor allowing the petitioners to conduct the procession with the separate deity, the interim order has been passed.
6. We have considered the submissions made on either side and perused the material records of the case.
7. At the outset, it can be seen that the interim direction has been granted while reserving the matters for orders. Therefore, the entire issue will be considered only in the final judgment that is to be passed by the learned Judge. It would be inappropriate to entertain this writ appeal arising out of this ad interim order that was passed at the time of reserving orders. Considering the festival as far as this year is concerned, suffice it to observe that merely because the first respondent is permitted to conduct the procession with a separate deity that will not prejudice the parties one way or the other in the main writ petition.
8. The writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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