Dismissed¶32

Desikan v. District Collector

Madras HC9 Apr 2025WA/1106/2025

Case brief

AI extract

What is this about?

Temple keys dispute; Kaliyamman Temple, Parukkal Village, Udayarpalayam Taluk, Ariyalur District; police public-order order confers no civil right; no cause for writ proceedings; relegation of parties to Competent Civil Court; writ court cannot adjudicate disputed facts; mere affidavit insufficient to confer civil rights; writ appeal dismissed; no costs; Clause 15 of Letters Patent; W.A.No.1106 of 2025; W.P.No.6670 of 2025; DSP order dated 14.09.2024; writ order dated 26.02.2025; Madras High Court; decided 09.04.2025.

What did the court decide?

The order of the Police authorities to maintain public order would not confer any civil right on a person, nor will such order provide a cause for institution of writ proceedings seeking a direction to unlock and return the keys of the temple. ¶26

Desikan Vs District Collector — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether an order of the Police authorities to maintain public order confers any civil right on a person, or provides a cause for institution of writ proceedings seeking a direction to unlock and return the keys of the temple. +1 more

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Court's answer

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Ratio / Principle

Whenever such a dispute arises, the parties are to be relegated to approach the Competent Civil Court of Law for the purpose of crystallising their civil rights.

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Key takeaways

The Writ Court, in exercise of powers of judicial review, cannot adjudicate the disputed facts of this nature; adjudication is to be done by the Civil Court of Law with the documents and evidences available on record.ratio¶31
A mere affidavit filed in the writ petition is insufficient for the purpose of conferring any civil rights to any person, and being that principle, the Writ Court is absolutely right in relegating the parties to approach the Civil Court.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (Coram: S.M. Subramaniam, J. - author; K. Rajasekar, J.), decision dated 09.04.2025, dismisses W.A.No.1106 of 2025 filed by Desikan under Clause 15 of Letters Patent challenging the writ order dated 26.02.2025 in W.P.No.6670 of 2025. The appellant had sought a direction to the Inspector of Police, Udayarpalayam Police Station, to unlock and return the keys of the Kaliyamman Temple, Parukkal Village, Udayarpalayam Taluk, Ariyalur District, for daily pooja, relying on a Deputy Superintendent of Police order dated 14.09.2024. Holding: an order of the police authorities to maintain public order confers no civil right and provides no cause for writ proceedings; disputes of this nature must be taken to the Competent Civil Court to crystallise civil rights; the Writ Court cannot adjudicate disputed facts on a mere affidavit and was right in relegating the parties to the Civil Court. Disposition: writ appeal dismissed without costs; connected C.M.P.No.8722 of 2025 closed.

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W.A.No.1106 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.04.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.A.No.1106 of 2025 and

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C.M.P.No.8722 of 2025

Desikan

... Appellant

Vs.

District Collector, Ariyalur District.

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Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

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Deputy Superintendent of Police, Jayankondam, Ariyalur District.

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Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

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... Respondents

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent, pleased to set aside the order dated 26.02.2025 made in W.P.No.6670 of 2025 passed by this Court and allow this writ appeal.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.A.No.1106 of 2025

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For Appellant : Mr.R.Thiagarajan For R1 & R2 : Mr.E.Veda Bagath Singh, Special Government Pleader For R3 & R4 : Mr.M.Babu Muthu Meeran Additional Public Prosecutor

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J U D G M E N T

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[Judgment was delivered by S.M.SUBRAMANIAM, J. ]

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The writ order dated 26.02.2025 passed in W.P.No.6670 of 2025 is under challenge in the present intra court appeal.

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The appellant filed the writ petition seeking a direction to the Inspector of Police to unlock and return the keys of the Temple to the appellant for the performance of daily pooja to the deity at the Kaliyamman Temple, Parukkal Village, Udayarpalayam Taluk, Ariyalur District, as per the order of the Deputy Superintendent of Police dated 14.09.2024.

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The order of the Police authorities to maintain the public order would not confer any civil right on a person nor such order will provide a cause for institution of writ proceedings seeking a direction to unlock and return the keys of the temple. Whenever such nature of dispute arises, the

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.A.No.1106 of 2025

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parties are to be relegated to approach the Competent Civil Court of Law for the purpose of crystallising their civil rights.

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The Writ Court, in exercise of powers of the judicial review, cannot adjudicate the disputed facts of this nature, which is to be done by the Civil Court of Law with the documents and evidences available on record. Mere affidavit filed in the writ petition is insufficient for the purpose of conferring any civil rights to any person and that being the principles to be followed, the Writ Court is absolutely right in relegating the parties to approach the Civil Court.

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Thus, the Writ Appeal is devoid of merits and the same is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

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[S.M.S., J.] [K.R.S., J.]

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09.04.2025

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Jeni Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

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S.M.SUBRAMANIAM, J. and

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis