M.Ayyappan Vs P.Rajendran — Madras HC (2025) — LawSathi Research

M.Ayyappan Vs P.Rajendran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal allowed: impugned order dated 11.06.2025 in W.P.(MD)No.15722 of 2025 set aside. Temple festival to be held from 04.07.2025 to 08.07.2025 with the writ petitioner and pangalis permitted to participate without objection and no individual names to be printed on flex boards/pamphlets; arrangement confined to the current year, with liberty to Rajendran to pursue an independent suit or approach the HR & CE authorities. No costs; connected miscellaneous petitions closed.

Issue for consideration

Whether the order dated 11.06.2025 passed by the learned single Judge in W.P.(MD)No.15722 of 2025 should be set aside. +3 more

Court's answer

On the twin grounds of non-joinder of necessary parties and the Tahsildar's lack of competence in the matter, the order dated 11.06.2025 made in W.P.(MD)No.15722 of 2025 is set aside.

Ratio / Principle

The writ petition was bad for non-joinder of necessary parties: the writ petitioner ought to have impleaded all interested parties and, knowing the appellant's interest in the subject matter, sought to obtain an order behind his back.

Key takeaways

The Tahsildar cannot decide who should conduct the Kalari festival; such decisions are better taken by the HR & CE authorities.ratio¶35
Conducting the temple festival ought not to be postponed merely because of a dispute among the pangalis; the appellant categorically stated that the writ petitioner Rajendran and other pangalis may participate in the festival to be held from 04.07.2025 till 08.07.2025 without objection, and that no individual names will be printed on the flex board or pamphlets.ratio¶36
The arrangement permitting participation is only for this year; Rajendran remains at liberty to work out his rights in the manner known to law, either by filing an independent suit or by approaching the HR & CE authorities.

Detailed headnote1 paragraphs

Writ Appeal under Clause 15 of Letters Patent (W.A(MD) No.1634 of 2025, Madurai Bench of Madras High Court, G.R. Swaminathan and K. Rajasekar JJ., 18.06.2025): The single Judge had directed the Tahsildar, Virudhunagar to conduct an enquiry into a dispute over the conduct of the annual temple festival (Kalari function) of a temple and had stayed celebration of the Kalari function pending that enquiry. Allowing the appeal of a third-party interested in the festival, the Division Bench set aside the order on two grounds: (i) the writ petition was bad for non-joinder of necessary parties, the petitioner having sought an order behind the appellant's back despite knowing his interest; and (ii) the Tahsildar cannot decide who should conduct the Kalari festival, such decisions belonging to the HR & CE authorities. The Bench held the festival ought not be postponed merely because of a dispute among the pangalis; on the appellant's categorical statement, the writ petitioner and pangalis were permitted to participate in the festival (04.07.2025 to 08.07.2025) without objection, with no individual names to be printed on flex boards or pamphlets. The arrangement was confined to the current year, leaving Rajendran free to work out his rights by independent suit or before the HR & CE authorities.

W.A(MD) No.1634 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 18.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.A(MD) No.1634 of 2025 & C.M.P.(MD)Nos.9173 & 9172 of 2025

M.Ayyappa ... Appellant / 3^rd Party

Vs

1.P.Rajendran ... 1^st Respondent / Writ Petitioner

2.The Revenue Divisional Officer, Sathur, Virudhunagar District.

3.The Tahsildar, Virudhunagar District, Virudhunagar.

4.The Superintendent of Police, Virudhunagar District, Virudhunagar. ... Respondents 2 to 4 / Respondents 1to 3

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W.A(MD) No.1634 of 2025

PRAYER:

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 11.06.2025 passed in W.P. (MD)No.15722 of 2025 on the file of this Court.

For Appellant : Mr.B.Prasanna Vinoth

For Respondents : Mr.T.K.Akalya for M/s.Tamilarasan for R1 : Mr.N.Satheesh Kumar for R2 & R3

: Mr.T.Senthil Kumar Additional Public Prosecutor for R4

ORDER

( Order of the Court was made by G.R.SWAMINATHAN, J.)

This appeal is directed against the order dated 11.06.2025 made in W.P.(MD)No.15722 of 2025 filed by the first respondent herein (P.Rajendran).

The first respondent herein submitted a representation to the Tahsildar, Virudhunagar and wanted enquiry to be conducted. The case

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W.A(MD) No.1634 of 2025

on hand pertains to the conduct of the annual temple festival of the petition mentioned temple. It appears that there is some dispute among the various families constituting the management. The learned single Judge vide order dated 11.06.2025 disposed of the writ petition in the following terms:-

“4.Considering the facts and circumstances of the case, the second respondent herein, the Tahsildar, is directed to conduct an enquiry and pass an order based on the proceedings of the first respondent dated 13.05.2025, within a period of one week from the date of receipt of a copy of this order. It appears that complicated procedures are being followed by the Therkku Theru people. Until the order is passed, the Kalari function shall not be celebrated.”

The order of the learned single Judge has to be set aside for

more reasons than one. Firstly, the writ petitioner ought to have impleaded all the interested parties. The writ petitioner wanted to steal an order behind the appellant's back. The writ petitioner knew fully well that the appellant is interested in the subject matter. Therefore, the writ petition filed by the first respondent is bad for non-joinder of necessary parties. Secondly, the Tahsildar cannot decide who should conduct

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W.A(MD) No.1634 of 2025

Kalari festival. Such decisions are better taken by the HR & CE authorities.

Therefore, on these twin grounds, we set aside the order dated 11.06.2025 made in W.P.(MD)No.15722 of 2025. We are of the view that conducting the temple festival ought not to be postponed merely because there is some dispute among the pangalis. The appellant categorically states that the writ petitioner Rajendran as well as pangalis can very well participate in the temple festival to be held from 04.07.2025 till 08.07.2025. Their entry, presence and participation will not be objected. Secondly, in the flex board and other pamphlets, no names of any individual will be printed.

We are of the view that this should fully address the concerns of the writ petitioner. We make it clear that this arrangement is only for this year. Rajendran is at liberty to work out his rights in the manner known to law either by filing an independent suit or by approaching the HR & CE authorities.

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The writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S., J.) (K.R.S., J.) 18.06.2025

rmi Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

To

1.The Revenue Divisional Officer, Sathur, Virudhunagar District.

2.The Tahsildar, Virudhunagar District, Virudhunagar.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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W.A(MD) No.1634 of 2025

G.R.SWAMINATHAN, J. AND K.RAJASEKAR, J.

rmi

W.A(MD) No.1634 of 2025

18.06.2025

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