Murugan Chettiyar Vs The Joint Commissioner

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the impugned order of the first respondent in I.A.No.11 of 2025 in O.A.No.27 of 2022, dated 22.07.2025 and quash the same.

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For petitioner : Mr. C. Mahadevan

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For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 & R2

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ORDER

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This Writ Petition is disposed of at the time of admission with the consent

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of the learned counsel for the petitioner and learned Additional Government Pleader for the respondents 1 and 2 and after dispensing with the notice on the respondents 3 to 11, as no adverse orders are proposed to be passed against them.

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W.P.(MD) No. 20460 of 2025

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It appears that the respondents 3 to 5 herein have filed O.A.No.6 of 2015 before the first respondent/Joint Commissioner under Section 63 of the TNHR&CE Act, 1959, which has been re-numbered as O.A.NO.27 of 2022.

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It is noticed that already an interim order has been passed by the Hon’ble Division Bench of this Court on 13.08.2015 in W.A.(MD) No.900 and 901 of 2015 filed by the respondents 3 to 5, wherein the following interim order was passed by this Court:

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“5. After hearing Mr.T.Lajapathi Roy, learned counsel for the appellants, Mr.G.R.Swaminathan and Mr.G.Prabhu Rajadurai, learned counsel appearing for the contesting first respondents/writ petitioners and Mr.B.Pugalendhi, learned Special Government Pleader, appearing for Hindu Religious and Charitable Endowments Department, pending writ appeal is on interim measure, the following order is passed, by consent of all present

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(i) Poojas to Deity Muniyandi Swamy of Arulmigu Sadayandiswamy Temple, Akkaraipatty, be conducted by Subban Chettiyar. The festival “Aadi Ammavasai” 2015, scheduled to be held on 14.08.2015, under the supervision of the Executive Officer, Arulmigu Sadaiyandiswamy Temple. Akkaraipatty.

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(ii) In addition to the above, the appellate and the villagers of Athoor will be entitled to participate in the pooja festival, is the following manner:

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(a). They can participate in the pooja festival and offer their prayers between 04.00 and 05.00 p.m. On 14.08.2015, and

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(b) they can offer the deity Muniyandi Swamy

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W.P.(MD) No. 20460 of 2025

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coconuts, floral garlands, milk or such other eatables that are normally offered and perform aarathi.

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The above arrangement is an interim arrangement, pending writ appeals and will not confer any right whatsoever on the appellants”.

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In respect of the festival of the subject temple, which is being conducted today, the third respondent herein had filed I.A.No.11 of 2025, pursuant to the order secured in W.P.(MD) No.19524 of 2025, dated 17.07.2025, wherein this Court had ordered as under:

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“5. Considering the facts of the case, this Court is granting one hour to perform pooja and aarthi, as per the interim order passed in the Writ Appeal. If the petitioner requires additional time, he is directed to submit an application to the 1st respondent / the Joint Commissioner. On receipt of such application, the 1st respondent is directed to consider the number of persons involved and the ground realities. If found feasible, the time may be further extended. Mr. C. Mahadevan, the learned counsel, has intervened in the present writ petition on behalf of Akkaraipatty village. While considering any extension of time, the intervenor shall also be heard. Thereafter, the 1st respondent is directed to pass appropriate orders on or before 23.07.2025.”

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Pursuant to the aforesaid order at the behest of the respondents 3 to 5

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herein, the first respondent/Joint Commissioner has passed the impugned order

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W.P.(MD) No. 20460 of 2025

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dated 22.07.2025, whereby, the time for the temple festival, which was hitherto

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conducted between 4.00 p.m to 5.00 p.m, has been enlarged by one hour from 4.00 p.m - 5.00 p.m to 4.00 p.m. - 6.00 p.m. Relevant portion of the impugned order reads as under:

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“,e;Neu;tpy;> W.P(MD)No.19524 of 2025vd;w ePjpg;Nguhiz tof;fpy; 17.07.2025 md;W khz;gik ePjpkd;wj;jhy; gpwg;gpf;fg;gl;l “If found feasible the time may be further extended" vd;w cj;jutpid ftdpf;f Ntz;bAs;sJ. mjd;gb rhj;jpaf;$Wfs; ,Uf;Fk; gl;rj;jpy; Vw;fdNt mDkjpf;fg;gl;l 04.00 kzp Kjy; 05.00 kzp tiuapyhd xU kzp Neuj;jpid ePl;bf;f kl;LNk cj;juT gpwg;gpf;f ,aYk;.

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vdNt> Mb mkhthir jpUtpohtpy; mry; kDtpd; kDjhuu;fs; jug;gpy; Vw;fdNt 4.00 kzp Kjy; 5.00 kzp tiu G+i[fs; nra;J tUk; epiyapy;> jw;NghJ kjpak; 02.00 kzp Kjy; 05.00 kzp tiu vd;wthW %d;W kzp Neuk; $Ljyhf xJf;fPL nra;J jUtJ njhlu;ghd Nfhupf;ifahdJ W.P(MD)No.19524 of 2025 vd;w ePjpg;Nguhiz tof;fpy; 17.07.2025 md;W khz;gik ePjpkd;wj;jhy; gpwg;gpf;fg;gl;l topKiwfis gpd;gw;wpAk; ,e;ePjpkd;wj;jpy; tprhuizapy; ,Ue;J tUk; X.v. 27/2022 vd;wthwhd mry; kDtpd; ,Wjp jPu;g;gpw;Fl;gl;L> mUs;kpF rilahz;b jpUf;Nfhapypy; vjpu;tUk; 24.07.2025 md;W eilngwTs;s Mb mkhthir jpUtpohtpy; mry; kDtpd; kDjhuu;fSf;F khz;gik cau;ePjpkd;wj;jhy; Vw;fdNt 4.00 kzp Kjy; 5.00 kzp tiu mDkjpf;fg;gl;l Neuj;jpid p $Ljyhf xU (1) kzp Neuk; kl;Lk; ePl;bj;J khiy 04.00 kzp Kjy; 06.00 kzp tiu Rthkpf;F G+i[fs; nra;jy; cs;spl;l ,ju eilKiwfis mry; kDtpd; kDjhuu;fs; gpd;gw;wp nfhs;SkhW njuptpj;J mt;thNw cj;jutplg;gLfpwJ.

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Nkw;fz;l ,ilf;fhy cj;juthdJ vjpu;tUk; 24.07.2025 md;W eilngwTs;s Mb mkhthir jpUtpohtpw;F kl;LNk nghUe;Jk; vdTk;> mry; kD vz;.27/2022-y; toq;fg;gLk; ,Wjp jPu;g;gpid vt;tpjj;jpYk; fl;Lg;gLj;jhJ vdTk; ,jd; %yk; njspTgLj;jg;gLfpwJ.

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W.P.(MD) No. 20460 of 2025

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NkYk;> Nkw;gb cj;jutpid gpd;gw;wp nray;gl jpUf;Nfhapy; nray; mYtyUf;F njuptpj;Jf;nfhs;sg;gLfpwJ.”

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The temple festival would have already commenced and a part of the ceremony, which was to be held between 4.00 p.m and 5.00 p.m, now stands extended between 4.00 p.m and 6.00 p.m. This is taking note of the observations of this Court in W.P.(MD)No.19524 of 2025, dated 17.07.2025, wherein the Writ Court had directed the first respondent/Joint Commissioner to consider the application of the third respondent and others mentioned above, if it was feasible.

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The first respondent/Joint Commissioner, thus, has taken a call based on the ground reality. Therefore, this cannot be interfered with and practice that was earlier followed in terms of the interim order passed by the Writ Court in W.A. (MD) Nos.900 and 901 of 2015, dated 13.08.2015, need not be followed as the said appeal has also been dismissed subsequently. Therefore, this Writ Petition is liable to be dismissed.

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At this stage, the learned Senior Counsel for the petitioner submits that if the time is extended from 4.00 p.m. to 6.00 p.m., there is a possibility in law and order situation.

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W.P.(MD) No. 20460 of 2025

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If the first respondent/Joint Commissioner and other Officers from the TNHR&CE Department apprehend that there is a possibility in law and order situation, they are entitled to take assistance of the local Police.

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Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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Index : Yes / No 24.07.2025 Internet : Yes / No apd To 1. The Joint Commissioner, HR&CE Department, Dindigul. 2. The Executive Officer, Arulmigu Sadayandi Swamy Temple, Akkaraipatti, Athoor Taluk, Dindigul District.

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C.SARAVANAN, J.

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apd

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