logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MHC 7156 My Notes print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. Crl.(MD). No. 4182 of 2026
Judges: THE HONOURABLE DR. JUSTICE P. MURUGAN
Parties : S. Saravanakumar Versus The District Collector, Theni & Others
Appearing Advocates : For the Petitioner: D. Balamurugapandi, Advocate. For the Respondents: R2 & R5, C. Susikumar, Government Advocate (Criminal Side), R6 to R8 & R10, K. Dinesh, R9, R11 & R12, M. Sankar, R1, R3 & R4, A. Sivasubramanian, Additional Government Pleader.
Date of Judgment : 30-09-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 5 to consider the petitioner's representation dated 16.07.2026 and consequently restrain the respondents 6 to 12 from conducting the proposed Maha Kumbabishekam unilaterally, from removing or replacing the existing ancient idols, and to ensure that the Maha Kumbabishekam is conducted only in accordance with the customary practices prevailing among the members of the twenty two village Pagidithili community under the supervision of the competent authorities with adequate police protection, within a time frame fixed by this Court.)

1. Heard both sides.

2. The petitioner filed this Writ Petition to direct the respondents 1 to 5 to consider the petitioner's representation dated 16.07.2026 and consequently restrain the respondents 6 to 12 from conducting the proposed Maha Kumbabishekam unilaterally, from removing or replacing the existing ancient idols, and to ensure that the Maha Kumbabishekam is conducted only in accordance with the customary practices prevailing among the members of the 22 village Pagidithili community under the supervision of the competent authorities with adequate police protection.

3. Brief facts for disposal of the writ petition is as that the members of the Arundathiyar Pagidithili community residing in 22 villages of Theni District. From time immemorial, these people worshipping Sri Chowdamman, Sri Veeravan Swamy and other associated family deities situatd at Uppukottai Village. The said temple belongs to the entire Pagidithili community and not to any one village. The temple has always been administered under the leadership of the hereditary elders known as the "Periya Veettukarar", representing all the 22 villages, in accordance with long established customs and usages. In 2010, Maha Kumbabishekam was conducted for the deities. During the year 2026, it was resolved to conduct Maha Kumbabishekam after performing the customary balalayam ceremony. A meeting was convened and invitation was issued for conducting the ceremony.

4. The private respondents 6 to 12, belonging to Uppukottai Village, unlawfully entered the community meeting and asserted that they alone would conduct the Maha Kumbabishekam and administer the temple independently, contrary to the long-standing customs and practices followed by the hereditary elders. They further declared that they would remove the existing cement idols and replace them with new stone idols. Such acts are contrary to the age-old customs and practices of the temple and have caused serious concern and apprehension among the members of the community comprising 22 villages. Owing to the unlawful interference and the apprehension that the private respondents may proceed with such acts, the community meeting concluded without arriving at any resolution. In view of the apprehension of disruption and interference with the established customs and administration of the temple, the petitioner lodged a complaint before the jurisdictional police seeking appropriate protection and action in accordance with law. Subsequently, the respondents 6 to 12 printed and circulated invitations announcing that they would conduct the Maha Kumbabishekam on 13.09.2026 exclusively on behalf of the one village without the consent of the remaining 21 villagers, the police advised both groups not to proceed unilaterally and to obtain appropriate orders from the competent authorities. Hence, this Writ Petition.

5. This Court heard the submissions of both sides. The private respondents placed certain documents by way of a typed set of papers. Considered their submissions.

6. The subject temple referred above belongs to Arundathiyar Pagidithili community residing in 22 villages, viz.:

                     1.Rasingapuram 2. Uppukkottai

                     3. Upparpatti 4. Palarpatti

                     5. T. Sokkalingpuram 6. T.Malligapuram

                     7. K.Pudupatti 8. Koodalur

                     9. Kokilapuram 10. Chinnamanur

                     11. Duraisamypuram 12. Kombai

                     13. Kodangipatti 14. Podenthirapuram

                     15. Markandeyankottai 16. Kattivadanpatti

                     17. Muthuthevanpatti 18. Palanichettipatti

                     19. Odaipatti 20. Devathanapatti

                     21. Mekkilarpatti 22. Chettiyapatti

7. The said temple situated at Uppukottai village. All the 22 villages Arundathiyar Pagidithili worshiping their deity, which is common for all of them. They conducted Kumbabishekam in 2010 to the said deity. They decided to conduct Kumbabishekam in 2026. It is the case of the private respondents that the existing deity is erected in the past and thus, deities were made by cement idol deities which got damaged. Therefore, they decided to erect new deity by stone idols, which is disputed by the petitioner. Therefore, both of them before this court in this writ petition.

8. The petitioner made a representation dated 16.07.2026 to the District Collector, requested to direct the 22 village Arundathiyar Pagidithili community to conduct the temple festival jointly. That representation was sent to the other official respondents by marking copies. Since his representation has been pending, this Writ Petition has been filed.

9. As per earlier order of this Court in this case, it is revealed that though there are two groups among the 22 villages of Arundathiyar Pagidithili, they have now come forward to celebrate the festival jointly, but sought some time to arrive at a solution as to the manner in which the festival is to be conducted. Recording the same, the matter was adjourned. On the next hearing, dated 22.09.2026, the petitioner and some of the private respondents appeared before this Court, and this Court also interacted with them as to whether there was any consensus to conduct the Kumbabishekam, wherein the date of Kumbabishekam was postponed to 12.10.2026.

10. In one or the other aspect, the petitioner submitted that if the existing cement idol deities are continued, he is ready to join with the private respondents and the other villages among the 22 villages to conduct the Kumbabishekam. Otherwise, he is not willing to join with them, for the reason that the private respondents have decided to remove the existing cement idol deities and install new deities made of stone, which is disputed by the petitioner. Therefore, no consensus was reached between them.

11. As per the additional typed set of papers filed by the petitioner on 16.09.2026, it is revealed that there was a resolution dated 27.08.2026 among the 22 villages of Arundathiyar Pagidithili, wherein a meeting was conducted in the presence of Palarpatti President S. Baskaran Thevar. In the said meeting, Palarpatti Paraman Vagaiyara, Uppukkottai Poosari Alagar Vagaiyara, Upparpatti Marichamy Vagaiyara, Kodangipatti Sundarraj Vagaiyara, Mariamman Kovilpatti Kannaiah Vagaiyara, and Rasingapuram Perumal Vagaiyara attended. Only the Vagaiyara people from those villages attended the said meeting and passed a resolution that, as per the old customary practice, they had decided to conduct the Kumbabishekam with the participation of the Pagidithili Pangaligal of the 22 villages. As per the resolution, only the Vagaiyara people from six villages attended the meeting in the presence of Palarpatti President S. Baskaran Thevar. There is no consensus among the remaining 16 villages as per the said resolution.

12. In the typed set of papers, it is seen that the petitioner made a representation on 21.09.2026 to the District Collector, Theni, stating that they had rescheduled the Kumbabishekam to 12.10.2026 and, therefore, sought permission based on the said earlier resolution dated 27.08.2026. Another representation of the same date was sent to the Superintendent of Police, seeking police protection.

13. Further records reveal that, on 18.09.2026, 13 village Pangaligal gave a consent statement that they would proceed with the temple Kumbabishekam on 12.10.2026, in which the petitioner also signed on behalf of the Palarpatti Pangaligal, and others also signed. Though the consent statement is only for 13 villages and not for all 22 villages, the said consent statement appears to have been attached to the subsequent representations dated 21.09.2026 sent to the District Collector and the Superintendent of Police.

14. Likewise, a notice was also printed stating that they were going to conduct the Kumbabishekam on 12.10.2026. Further, in the typed set of papers filed by the petitioner, the history of the temple is produced, in which it is stated that there has been a dispute with a rival party since January, 2026 onwards regarding the conduct of the temple festival. Therefore, six village Pangaligal gave a representation to the Superintendent of Police seeking necessary action. The said representation is not on behalf of all 22 villages, but only on behalf of six villages, in which the petitioner's Palarpatti village is also found therein.

15. The typed set of papers filed by the respondents 9, 11, and 12 discloses that the Pangaligal from the 22 villages convened a meeting on 10.05.2026, in which people from all 22 villages participated. In that meeting, new administrators were appointed, and the administrators were from the villages of Rasingapuram, Uppukottai, Kodangipatti, Kakkivadanpatti, and Upparpatti. In the said resolution, the Palarpatti village, wherein the petitioner is residing, is not found therein. In the said resolution, altogether 15 village Pangaligal participated, and their signatures are found therein. Further, the documents reveal that, on 27.08.2026, there was a meeting, and the said meeting was conducted in the presence of Palarpatti President S. Baskaran Thevar, in which five village representatives participated from the following villages, viz., Uppukkottai Poosari Alagar Vagaiyara, Upparpatti Marichamy Vagaiyara, Kodangipatti Sundarraj Vagaiyara, Mariamman Kovilpatti Kannaiah Vagaiyara, and Rasingapuram Perumal Vagaiyara. There is no reference to the petitioner's participation. As per the said resolution, they decided to conduct the temple festival as per the existing customary practice.

16. Therefore, when they sought permission to conduct the festival commencing from 12.10.2026, the same was rejected by the Inspector of Police, Veerapandi Police Station, stating that two rival parties were claiming the right to conduct the Kumbabishekam for the subject temple and that one Mr. Saravanakumar had filed a Writ Petition before this Court in W.P.Crl.(MD) No.4182 of 2026. Therefore, it was stated that, after the decision of this Court, the parties may proceed; otherwise, there would be a law and order problem. Accordingly, the request of the Poosari was rejected in respect of the subject temple, mentioning the temple administrators, in which the office-bearers of the petitioner's village are not found therein.

17. The typed set of papers filed by the private respondents also discloses that there are two deities, viz., the Amman deity and Sri Veeravan Samy, which are cement idols. The stone idols of the same deities are also found therein, and the private respondents submitted that the existing cement idols may be removed, as they have been damaged, and new idols made of stone may be erected.

18. Among the 22 villages of the Arundathiyar Pagidithili, a dispute has arisen as to who is to conduct the Kumbabishekam, and there is no consensus among the 22 villages. There is a rivalry between the two groups, namely, the petitioner and private respondents 6 to 12. Accordingly, the Inspector of Police also rejected their request, noting that there is a case in this regard and that, if any one of the parties is permitted to proceed, there would be a law and order problem..

19. By going through the documents, the facts of the case, and after hearing both sides, though both parties have decided to conduct the Kumbabishekam to the deities, the contention of the petitioner is that the existing cement idol deities may be continued. However, the same is disputed by the private respondents 6 to 12, stating that the existing cement idols have been damaged and, therefore, the old idols may be removed and new stone idols may be erected, and the Kumbabishekam may be proceeded with. The same was disputed by the petitioner. However, on seeing the photographs filed by the private respondents 6 to 12, the petitioner accepted that the existing cement idol deities have been damaged. But, he did not consent to the erection of new deities made of stone. Thereby, no consensus was reached to jointly celebrate the Kumbabishekam.

20. As per the pamphlets filed by both parties separately, it is disclosed that there is no consensus and that two groups are claiming the administration of the temple, wherein the temple is situated in Uppukottai village, whereas the petitioner is residing in Palarpatti village. Therefore, when the civil right to the administration of the temple is in question, such right cannot be decided in a writ petition, and thereby, it is left open to the parties to agitate their rights before the Civil Court. Until the Civil Court takes a decision, the existing customary practice may continue, including worshipping the cement idol deities. The Civil Court may also decide who is the rightful person to administer the temple, and thereafter, the Kumbabishekam may be conducted.

21. With the above observations, this Writ Petition is dismissed.

 
  CDJLawJournal