Ayyanar Vs The District Collector

¶1

WP No. 3219 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03-06-2025

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

¶6

WP No. 3219 of 2023

¶7

Ayyanar, Veeranar and Muniyanar Temples Trust, Rep. by its Treasurer Mr. M.U.G. Thirumavalavan, Plot No.73, Kasi Estate 2nd Street, Jaffarkhanpet, Chennai - 600083.

¶8

Petitioner(s)

¶9

Vs

¶10

1.The District Collector Ariyalur District, Ariyalur.

¶11

2.The Superintendent of Police, Ariyalur District, Ariyalur.

¶12

3.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

¶13

4.The Tahsildhar, Andimadam Taluk, Ariyalur District, Ariyalur.

¶14

5.The Assistant Commissioner,

¶15

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

¶16

WP No. 3219 of 2023

¶17

Hindu Religious and Charitable Endowments Department, Ariyalur.

¶18

[R5 Suo-motu impleaded as per order dated 03.06.2025 in WP.No.3219/2023]

¶19

Respondent(s)

¶20

PRAYER

¶21

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 1st Respondent in Na.Ka.C2/8436/2021 dated 27.12.2022 and quash the same, and consequently direct the Respondents to open the Ayyanar, Muniyanar and Veeranar Temples at Silambur Village, Andimadam Taluk, Ariyalur District for offering prayers, and allow festivals and observance of all customary practices of Kondiyar sect people in the said temple.

¶22

For Petitioner(s): Mr.S.Vedhavel

¶23

For Respondent(s): Mr.G.Velu AGP For R1, R3 & R4 Mr.K.Karthikeyan Govt. Advocate For R5

¶24

O R D E R

¶25

The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Ariyalur is suo-motu impleaded as 5th respondent in the present Writ Petition.

¶26

This writ petition has been filed challenging the proceedings of the 1st

¶27

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

¶28

WP No. 3219 of 2023

¶29

respondent dated 27.12.2022 and for a direction to the respondents to open the Ayyanar, Muniyanar and Veeranar Temples at Silambur Village, Andimadam Taluk, Ariyalur District for offering prayers.

¶30

The case of the petitioner is that, right from the year 1866, the Kondiyar community were maintaining the deities of Ayyanar, Muniyanar, and Veeranar. The village people were visiting the temples and they also celebrated the festivals. A dispute arose, and as a result, there was breach of peace, which led to the passing of a prohibition order under Section 144 of CrPC in the year 2015. Subsequently, in the year 2016, a peace committee meeting was held, but the parties were not able to reach any settlement. Once again, an attempt was made in March 2021 to reopen the temple, and a peace committee meeting was held. The two communities were not able to reach any settlement, and hence the impugned proceeding came to be issued by the 1st respondent dated 27.12.2022, and the parties were informed that the temple cannot be opened, since it will cause breach of peace. It is under these circumstances that the present writ petition came to be filed before this Court.

¶31

A counter affidavit has been filed by the 3rd respondent. The 3rd respondent has taken a stand that the Kondiyar community people wanted to perform puja, and the other community people were trying to construct a new temple in that area. This led to a clash, and as a result of which the temple was closed. Despite repeated attempts made to convene a peace committee meeting,

¶32

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

¶33

WP No. 3219 of 2023

¶34

the parties were not able to reach any settlement. Since there was potential for breach of peace and clash between the two communities, a decision was taken by the 1st respondent not to reopen the temple. Hence, the respondents have sought for the dismissal of this writ petition.

¶35

The matter was taken up for hearing on 20.01.2025 before this Court, and this Court passed the following order,

¶36

“The impugned order was passed by the first respondent on the ground that there was no consensus among the rival parties to open the temple and there was a likelihood to breach of peace, in case of opening of the temple at that point of time. Now three years have gone and in order to ascertain the present position, the first respondent is directed to invite both the parties to the dispute and conduct a peace meeting to explore the possibility of smooth opening of the temple. If any consensus is arrived at between the rival parties for smooth opening of the temple, the same shall be reported to this Court in the next hearing.

¶37

2. List the matter for filing report of the first respondent on 17.02.2025.”

¶38

When the matter was taken up for hearing today, written instructions of the District Collector, Ariyalur, was placed before this Court. The District Collector has taken into consideration the peace committee meeting that was conducted in the presence of the District Collector and the Superintendent of Police. In that meeting, the stand taken by the respective parties was recorded

¶39

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

¶40

WP No. 3219 of 2023

¶41

and concluded as follows:

¶42

“,Ujug;gpdhpilna fUj;Jf;fs; nfhug;gl;ljpy; gpd;tUkhW fUj;Jf;fis bra;Js;sdh;/

¶43

“m jug” g; ?[

¶44

1/ nkw;go nfhtpypy; ma;adhu;. Kdpadhu; kw;Wk; tPudhu; Mfpa K:d;W bja;t';fs; cs;sd/ ,jdpy; tPudhiuj; jtpu kw;w ,uz;L bja;t';fs; v';fspd; Fy rhkpahFk;/ gpur;rid eilbgw;wnghJ v';fshy; vt;tpj gpur;rida[k; eilbgwtpy;iy vdt[k; cs;Supy; cs;s egh;fshy; gpur;rid Vw;gl;lJ/ eh';fs; ehd;F ngUk; btspa{iur; nrh;e;jth;fs;/ nkw;go nfhtpy; v';fSf;F cupika[ilaJ vd;gij bjhptpj;Jf;bfhs;fpnwhk;/ Mdhy; M jug;gpdh;“ ”

¶45

nkw;go Myaj;jpy; cs;s K:d;W bja;t';fisa[k; tHpgLtjy; v';fSf;F Ml;nrgid Vjkpy;iy/ gpur;rid Vw;gLtjhf fUjpdhy; v';fspd; ,uz;L bja;t';fshd ma;adhu; kw;Wk; Kdpadhu; bja;t';fis jdpahf gpupj;J v';fis tHpgl mDkjpf;FkhW nfl;Lf;bfhs;fpnwhk;/

¶46

“M jug” ;g?[

¶47

1/ nkw;go Myaj;jpy; cs;s tPudhu; kl;Lnk eh';fs; neuoahf tHpgLk; bja;tkhFk;/ jw;rkak; ,e;j Tl;lj;jpy; fye;Jbfhz;l ehd;F m jug;gpduhy; v';fSf;F ve;jtpj“ ” gpur;rida[k; ,y;iy/ Mdhy; cs;Sh; vjph;jug;gpduhy;

¶48

kl;Lnk rhkp tHpgLk; bghGJ v';fSf;F gpur;rid Vw;LfpwJ/ jw;rkak; Tl;lj;jpy; fye;Jbfhs;shj nkw;go

¶49

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

¶50

WP No. 3219 of 2023

¶51

ehd;F egh;fSk; cs;Siur; nrh;e;jth;fs; Mthh;fs;/ m“ ” jug;gpy; cs;sth;fs; bjhptpj;jJ nghy nkw;go Myak; mth;fSf;F brhe;jkhdJ my;y vdt[k; ,J muRf;F brhe;jkhdJ vdt[k; bjhptpj;Jf;bfhs;fpnwhk;/ nkYk; m“ ” jug;gpdh; bjhptpj;jJ nghy; mth;fspd; ,uz;L bja;t';fis (ma;adhu;. Kdpadhu;) kl;Lk; jdpahf gpupj;J tHpghL elj;jpl mDkjpj;jhy; cs;Sh; thrpfSk; m“ ” jug;gpdUk; xd;whf nru;e;Jbfhs;thh;fs;/ ,jdhy; v';fshy; tPudhiu tHpgl ,ayhj epiy Vw;gLk; vdtk[; bjhptpj;Jf;bfhs;fpnwhk;/

¶52

2/ nkYk; v';fis nkw;go nfhtpypy; cs;s tPudhu; kw;Wk; ,ju bja;t';fis tHpgl tplhky; gy;ntW cs;nehf;fj;Jld; cs;Siur; nrh;e;j vjpu;jug;gpdh; jLj;JtUfpd;wdh; vd;gija[k; bjhptpj;Jf;bfhs;fpnwhk;/

¶53

,e;Jrka mwepiyaj;Jiwapdh; bjuptpj;Jf;bfhs;fpnwhk;?

¶54

nkw;go MyakhdJ 2016?y;jhd; ,e;J rka mwepiyaj;Jiwapd; fl;Lg;ghl;oy; tug;gl;l gl;oaypy; nrh;f;fg;glhj (Non listed temple) nfhtpyhFk;/ nkw;go Myak; fpuhkf; fzf;Ffspd;go rpyk;g{h;(bj) fpuhkj;jpy; g[y vz;/459-1?y; 2/39/0 vf;lh;. muR g[wk;nghf;F vd;Wk; Fwpg;g[f; fyj;jpy; ma;adhu; nfhtpy; vdt[k; cs;sJ/

¶55

Tl;l Kotpfs;?

¶56

,Wjpahf m jug;g[. M jug;g[ kw;Wk; ,e;J rka mwepiyaj;Jiw mYtyh;fspd; fuj;Jf;fis nfl;lwpe;Jk;/

¶57

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

¶58

WP No. 3219 of 2023

¶59

ngr;Rthh;j;ij Tl;lj;jpy; miHg;ghiz bgw;Wf;bfhz;L cs;Sh; fpuhkj;ijr; nrh;e;j nkw;go ehd;F egh;fs; tuif g[hpahjJ kw;Wk; nkw;go Tl;lj;jpy; fye;Jbfhz;l ,Ujug;gpdUf;fpilna Vw;gLk; rpy Ml;nrgidfis fUj;jpy; bfhz;Lk; Myaj;jpd; tHpghL bjhlh;ghf rl;lk; xG';F gpur;ridia fUj;jpy; bfhz;Lk; kw;Wk; bghJkf;fspilna mikjpia ngzpf;fhf;ft[k; khz;g[kpF brd;id cah;ePjpkd;wj;jpy; mwpf;if jhf;fy; bra;ag;gLk; vdt[k; ,Wjpahf bjhptpf;fg;gl;lJ/”

¶60

The learned counsel for the petitioner submitted that the community people belonging to the petitioner have no objection in everyone worshipping all three deities inside the temple, and that there will be no law and order problem.

¶61

The learned Additional Government Pleader and learned Government Advocate appearing on behalf of the respondents submitted that the temple in question is a non-listed temple and it is situated in Government land. The peace committee meeting that was conducted was not attended by the other community people, and they apprehended that they will not be permitted to worship one of the deities, namely Veeranar, and that they will be allowed only to worship Ayyanar and Muniyanar. Therefore, if such a situation continues, once again, law and order problems will arise.

¶62

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

¶63

WP No. 3219 of 2023

¶64

In the considered view of this Court, the temple is in existence for a long period of time and it was maintained by the villagers. Therefore, it will not be appropriate to keep the temple closed forever. Ultimately, a temple must be a place that brings peace among worshippers and it should not be a cause for breach of peace. This would mean that the parties belonging to both communities will shed their egos and worship in the temple for the welfare of all. As a stopgap arrangement, this Court directs the impleaded 5th respondent to take control of the temple for some time and reopen the temple. It should be made clear that the villagers belonging to both communities will be permitted to worship all three deities, namely Ayyanar, Muniyanar, and Veeranar. If at any future point of time, once again, any law and order problem is created and there is breach of peace, it is left open to the police to take appropriate action. As and when the situation returns back to normalcy, the 5th respondent can hand over the administration of the temple to the villagers.

¶65

Accordingly, the Writ Petition is disposed of with the above directions. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed.

¶66

03-06-2025

¶67

gd

¶68

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

¶69

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

¶70

WP No. 3219 of 2023

¶71

To