Sithan Balraj V v. The Joint Commissioner

3.The Tahsildar, Athur Taluk informs the Court that vide proceedings dated 21.07.2025, status quo order has been passed forbearing anybody from making any claim on Survey Nos.780/10, 780/11 and 780/12. The petition mentioned site is located in Survey No.780/12. It is also submitted by the jurisdictional Police that on account of disputes between the Christian community and Hindus, a number of FIRs have been registered. 4.The fifth respondent herein representing the Christian community contests the claim of the writ petitioner that apart from Kaliamman Temple, there is a Mandu Karuppasamy Temple. He further points out that the Christian community had obtained decree from civil Court in O.S.No.231 of 2009 on the file of Principal District Munsif Court, Dindigul. There is no temple as claimed by the petitioner but only a stone platform. The learned counsel endeavored to substantiate this submission by referring to the Advocate Commissioner's plan and report marked in earlier suit proceedings. He submitted that the petitioner is trying to vitiate the peaceful atmosphere prevailing in the village. He called upon this Court to dismiss the writ petition.

5.I carefully considered the rival contentions and went through the materials on record.

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6.It is true that as many as 21 FIRs have been registered by the Inspector of Police, Chinnalampatti Police Station. Some of them are security proceedings initiated to prevent breach of peace. Mere registration of criminal cases alone cannot come in the way of the Courts from granting reliefs when rights are involved. I had a look at the revenue records prepared by the jurisdictional Tahsildar. It is seen therefrom that apart from the Kaliamman Kovil, there is also a Mandu Kovil in Survey No.780/12. Mandu Kovil may not be a formal structure. But there is a small peedam therein. The fifth respondent would characterise it as a stone platform. But to the petitioner, it is something sacred. It is not for the writ Court to question the beliefs of the writ petitioner.

7.Mandu Kovil is located in the immediate vicinity of the Kaliamman Temple. On account of the objection raised by the Christian community, it has been barricaded and it is now full of bushes. It is true that a number of suits were instituted on either side. But they pertained to the processional rights of the Christian community and their right to halt their Chapparam in front of the Kaliamman Temple. The right to maintain Mandu Kovil and the right to conduct Karthigai celebration therein did not arise for consideration at all.

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Admittedly, the Christian community which appears to be the majority community in the village has no right over the land in Survey No.780/12. I fail to understand as to how the rights of the Christian community will be affected if Karthigai Deepam event is held in Survey No.780/12 on 03.12.2025 and 04.12.2025. Likewise, even if the barricades are removed and people offer their worship, nobody is going to be affected. I however make it clear that there is no question of permitting the petitioner or anybody else to put up or raise any new construction in the said survey number. The little stone structure which the petitioner calls as "Mandu Kovil" can remain. Its dimensions shall not be increased. The revenue and Police authorities are absolutely not justified in barricading the site. The classification in the revenue record as "poramboke"

does not affect the case of the writ petitioner. "Poramboke" means outside the tax or assessment. A temple land was not levied with property tax. Therefore, it was classified as "poramboke". When the FMB recognises the existence of Mandu Kovil, it shall not be barricaded. The Hindu Community is at liberty to access the same subject to the restrictions mentioned above. The proceedings dated 21.07.2025 whereby status quo was ordered should be understood as meaning that the place should be maintained as such without putting up further construction.

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8.In this view of the matter, the villagers of Perumal Kovilpatti are permitted to conduct the petition mentioned events on 03.12.2025 and 04.12.2025 at the petition mentioned sites. The Police as well as the revenue authorities are restrained from putting up the barricades preventing access to the said site. The petitioner is permitted to clean up the place in the night itself so that the events can be held tomorrow and day after tomorrow. The jurisdictional Police shall ensure that the devotees' right to celebrate Karthigai Deepam and offer worship at the petition mentioned site is upheld. 9.This Writ Petition is allowed accordingly. No costs.

02.12.2025

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

MGA

Note: Issue order copy on 02.12.2025.

To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment, Dindigul.

2.The Revenue Divisional Officer, Dindigul District,

Dindigul.

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3.The Tahsildar, Athur Taluk, Dindigul.

4.The Inspector of Police, Chinalapatti Police Station, Dindigul District.

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G.R.SWAMINATHAN, J.

MGA

W.P(MD)No.32468 of 2025

02.12.2025

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