PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to permit the petitioner's Trust to conduct Shivaratri Festival in their New Temple situated in Survey No.567/8 and 567/7C at in Koduvilarpatti Village, Theni District and consequently direct the 3rd respondent to unlock the old temple and permit the petitioner Trust to tack back the idols and Pooja article of the temple listed in the representation dated 17.11.2025.

ORDER

Seeking to direct the 3rd respondent to permit the petitioner's Trust to conduct Shivaratri Festival in the Temple situated in Survey No.567/8 and 567/7C at in Koduvilarpatti Village, Theni District and further direct the 3rd respondent to unlock the old temple and permit the petitioner Trust to take back the idols and Pooja article of the temple listed in the representation dated 17.11.2025, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner is the Trustee of Sri Veeru Chinnammal Kannimar Sangili Karuppasaami Thirukovil. When the matter came up for admission earlier on 13.02.2026, this Court passed the following order:

“2. The brief facts of the case are that the Koduvilarpatti Veera Chinnammal Kannimar Sangili Karuppasamy Temple was originally situated in a water body in S.No.547/9. As per the advice of the Revenue Authorities, the parties shifted the temple and put up a new construction in an alternative site. At the time of shifting, the idol and other pooja articles were kept under lock and key.

3. In the proceedings of the Revenue Divisional Officer dated 04.02.2024, one Ramamurthy and Natarajan appeared before the Revenue Divisional Officer and gave their deposition. Thereafter, the articles were handed over. Subsequently, Ramamurthy unfortunately passed away. His brother, Elangovan, is now before this Court. There appears to be a dispute between Elangovan and Natarajan.

4. However, since the petitioner seeks permission to celebrate Maha Shivaratri, this Court, to a limited extent, permits both Elangovan and Natarajan to celebrate the Maha Shivaratri festival in the newly constructed temple. Worship is permitted. Cooking of Pongal is permitted. Animal sacrifice is also permitted in accordance with customary practices.

5. The idol, which is presently kept under lock and key by the Revenue Divisional Officer, shall be handed over and installed in the newly constructed temple for the purpose of celebration. Insofar as the other issues are concerned, the same shall be considered after notice to the parties.”

3. Pursuant to the same and by the strength of the proceedings arrived at between the petitioner as well as the rival parties by the Revenue Divisional Officer, Periyakulam Taluk, the idols as well as the articles which were kept under lock and key by the Revenue Divisional Officer was handed over to the petitioner and idols were installed in the newly constructed temple. Thereafter, Shivaratri was also celebrated. In the meanwhile, the rival party one Natarajan had filed an impleading petition in W.P.M.P.Crl.(MD)No.438 of 2026 seeking to reinstall all the idols at the temple situates in Survey No.549/2 and to restore the temple building to the state it existed before 13.03.2026.

4. The learned counsel for the 4th respondent categorically contended that without impleading him as a party, this writ petition was filed and unlawfully the idols were removed from the earlier temple and has been installed in the new temple and sought for the indulgence of this Court.

5. Heard the learned counsels on either side and carefully perused the materials available on record.

6. A careful perusal of the materials available on record would reveal that Sri Veeru Chinnammal Kannimar Sangili Karuppasaami Thirukovil was originally situated in a water body in Survey No.547/9. Since the same was identified as encroachment, the temple committee membe