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CDJ 2026 MHC 2625 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P(MD)No. 8763 of 2026 & W.M.P(MD)No. 7094 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : Thangaraj & Another Versus The District Collector, District Collector\'s Office, Karur & Others
Appearing Advocates : For the Petitioners: N. Marivel, Advocate. For the Respondents: R1 to R3, M. Sarangan, Additional Government Pleader, R4 & R5, K. Gnanasekaran, Government Advocate (Crl.Side), R6, D.S. Haroon Rasheed, R7 & R8, C. Nihil Nandha, Advocates.
Date of Judgment : 01-04-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondents 1 to 3 to reinstall the statue of Deity Arulmigu Mandhai Muniappan Swamy back to its original position in Survey No.800/32B, Esanatham Village, Aravakuruchi Taluk, Karur District and further direct the Respondents 4 and 5 to provide adequate police protection during the course of action within a time frame fixed by this Hon'ble Court on the basis of the representation of the Petitioners dated in 16.03.2026 and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.)

1. The present writ petition is filed for a mandamus to direct the respondents 1 to 3 to reinstall the statue of Deity Arulmigu Mandhai Muniappan Swamy back to its original position in S.No.800/32B, situated at Esanatham Village, Aravakuruchi Taluk, Karur District and further direct the respondents 4 and 5 to provide police protection based on the petitioner's representation dated 16.03.2026.

2. Considering the nature of allegations and interventions, Mr.Shanmugam, M/s.A.Shruti Anbalagan and Mr.M.Thanga Pandi are suo motu impleaded as R6, R7 and R8 respectively, as they are necessary parties to the writ proceedings.

3. Heard Mr.N.Marivel, learned counsel appearing for the petitioners, Mr.M.Sarangan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3, Mr.K.Gnanasekaran, learned Government Advocate (Crl.Side),who takes notice on behalf of the respondents 4 and 5, Mr.D.S.Haroon Rasheed, learned counsel who takes notice on behalf of the 6th respondent and Mr.C.Nihil Nandha, learned counsel who takes notice on behalf of the respondents 7 and 8.

4. According to the learned counsel for the petitioners, from time immemorial, the deity had been placed in the above mentioned survey number. However, it has now been removed and placed on private property that too on top of a septic tank belonging to the private owner of the property. The deity ought not to be placed in such a location and therefore, he submitted that the authorities should consider his representation and restore it to its original place.

5. When the matter came up for hearing, the learned Additional Government Pleader appearing on behalf of respondents 1 to 3 would submit that the representation of the petitioners dated 16.03.2026 has been considered and an order has been passed on 25.03.2026, wherein the petitioners were informed that the said survey number is a Government pathway and therefore, cannot be encroached upon and the same has been removed.

6. The learned counsel appearing for the 6th respondent would submit that there are prior litigations and disputes with reference to the said deity and therefore, it cannot be restored to its original place, as it was removed after a final decision was taken.

7. The learned counsel appearing for the 7th respondent would submit that the place in question is her private property, where she has constructed a septic tank for her dwelling house and that the deity is now kept on top of the said septic tank.

8. I have considered the submissions made on either side and perused the material records of the case.

9. None of the learned counsel appearing on behalf of the respondents is in a position to deny the fact that the deity is presently placed on top of a septic tank. Therefore, the deity shall be removed forthwith from the said place within a period of one week from the date of receipt of a web copy of this order. The Assistant Commissioner (HR & CE Department), Karur, shall proceed to the spot and either personally or with due police protection if necessary, remove the deity and place it in the temple. The deity shall not be reinstalled in any public pathway. If space is available within the temple premises and all parties agree, the deity may be installed at a convenient location therein. In the event of any disagreement among the parties, the Assistant Commissioner shall take an appropriate decision to install the deity within the temple premises at a suitable place.

10. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

 
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