The State is directed to take control of a temple situated on government land to ensure that the constitutional right to worship under Article 25 is preserved for all devotees, preventing any single community from monopolizing access due to communal disputes.

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to open the Arulmigu Sri Kaliyamman Temple, situating at Sivalingapuram Village in Survery Nos.881/6 and 881/7 under Vembakottai Taluk in Virudhunagar District.

ORDER

Mr.R.Parthiban, learned Special Government Pleader takes notice for the respondents 1, 3 to 5 and Mr.P.Vetrivel, learned Government Advocate (crl.side) takes notice for the respondents 2 and 6.

2. This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1, 3 to 5 and learned Government Advocate (crl.side) for the respondents 2 and 6.

3. This Writ Petition has been filed for a Mandamus to direct the respondents to open the Arulmigu Sri Kaliyamman Temple, situating at Sivalingapuram Village in Survery Nos.881/6 and 881/7 measuring an extent of 157.5 square metre at Vembakottai Taluk in Virudhunagar District.

4. The petitioner appears to be a resident of Sivalingapuram Village, Vadakkarai, Virudhunagar District. It is the case of the petitioner that Arulmigu Sri Kaliamman Temple, which is situated on the Government Porambokku land, has been in existence for over a period of 200 years.

5. It is submitted that since 2008, there is a dispute between the persons belonging to the Nayakkar community and other communities regarding the renovation of the temple and the celebration of the temple festival and that the Revenue and Police authorities have intervened and closed the temple.

6. It is further submitted that in view of the dispute between the feuding members of different communities from the village, who worship in the said temple, the persons like the petitioner, who is a devotee from the village, have been deprived of their right to worship the deity to the said temple and thus, Article 25 of the Constitution of India stands violated.

7. The learned Special Government Pleader for the respondents 1, 3 to 5 would submit that already an issue came up before the Court in W.P.(MD) No. 8882 of 2024, whereby this Court, in its order dated 17.02.2026, granted liberty to all the groups to form a Committee and to conduct the festival.

8. It is submitted that aggrieved by the same, the respondents 6 and 7 therein have filed W.A.(MD) No.413 of 2026 before the Hon’ble Division Bench, wherein it has been disposed with the following observations:

“6.It is an admitted fact that there exists a dispute between the parties with regard to the conduct of poojas and festival. If both groups are not willing to jointly form a committee and conduct the festival peacefully, it is open to them to establish their respective rights by filing appropriate civil proceedings in the manner known to law. As a matter of right, they cannot seek such relief in a writ petition. Therefore, we do not find any merit in the present Writ Appeal. Insofar as maintenance of law and order is concerned, it is open to the police authorities to take necessary action in accordance with law.

7.Accordingly, the Writ Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.”

9. The temple, which allegedly is of ancient heritage, standing on the Government Porambokku land, cannot be used by a particular community to the deprivation of the other community. At the same time, the rights guaranteed under Article 25 of the Constitution of India cannot be deprived of.

10. Considering the fact that the temple is located on Government Porambokku land, I am inclined to direct the respondents 1, 3 to 5 to take steps to control the affairs of the temple so that the devotees who have expressed their allegiance to the faith in the temple may be allowed to offer their worship in a manner which does not bring any disharmony in the society.

11. Hence, there shall be a direction to the respondents 1, 3 to 5 to take control of the temp