Madras High Court
A.Balasubramaniam vs The Joint Commissioner on 7 September, 2022
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.No.12470 of 2022
and W.M.P.Nos.11931 & 11932 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.No.12470 of 2022
and W.M.P.Nos.11931 & 11932 of 2022
1.A.Balasubramaniam
2.M.Shanmuga Vadivel
3.M.Karthikeyan
4.B.Malliga ... Petitioners
Vs.
1.The Joint Commissioner,
Hindu Religious & Charitable Endowment Department,
Salem.
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowment Department,
Namakkal District.
3.The Executive Officer,
Arulmighu Yettikaiamman Temple,
Keerambur, Namakkal District.
4.Ponnambalam
Fit Person/Thakkar,
Arulmighu Yettikaiamman Temple,
Andipatti Pudur, Keerambur Post,
Namakkal taluk & District – 637 207.
https://www.mhc.tn.gov.in/judis
1/9
W.P.No.12470 of 2022
and W.M.P.Nos.11931 & 11932 of 2022
5.Gopalakrishnan
Formerly Fit Person/Thakkar,
Arulmighu Yettikaiamman Temple,
Andipatti Pudur, Keerambur Post,
Namakkal Taluk & District – 637 207.
6.Balu
Committee Member,
Arulmighu Yettikaiamman Temple,
Puduvalavu Village,
Keerambur Post,
Namakkal Taluk & District – 637 207.
7.Ramasamy,
Accountant,
Arulmighu Yettikaiamman Temple,
Andipatti Pudur,
Keerambur Post,
Namakkal Taluk & District – 637 207. ... Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India, praying for the issuance of a Writ of Mandamus, to
direct the official respondents to permit the petitioners to perform the
service of the petitioner in the sannathi of Arulmigu Yettikaiamman Temple,
Keerambur, Namakkal Taluk & District in all temple rituals, Daily poojas
and consequently to ensure safety of the petitioner and their men of their life
and limb while they are attending to service in the aforesaid temple and to
take appropriate action against the private respondents and their men under
civil and criminal action and grant such other further relief as this Court
may deem fit in the circumstances of the case.
https://www.mhc.tn.gov.in/judis
2/9
W.P.No.12470 of 2022
and W.M.P.Nos.11931 & 11932 of 2022
For Petitioner : Mr.M.Muthappan
For R1 to R3 : Mr.M.R.Gokul Krishnan
Additional Government Pleader
(HR & CE)
ORDER
This writ petition has been filed to direct the official respondents to permit the petitioners to perform the service of the petitioners in the sannathi of Arulmigu Yettikaiamman Temple, Keerambur, Namakkal Taluk & District in all temple rituals, Daily poojas and consequently to ensure safety of the petitioners and their men of their life and limb while they are attending to service in the aforesaid temple and to take appropriate action against the private respondents and their men under civil and criminal action.
2.The petitioners state that their predecessors in interest were doing piping service in the temple known as Arulmigu Yettikaiamman Temple, Keerambur, Namakkal Taluk and District. It is their case that certain temple lands, which were granted in favour of the petitioners' predecessors in interest during their service tenure, were under their enjoyment. https://www.mhc.tn.gov.in/judis 3/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022
3.After the introduction of Act 30 of 1963, namely Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, the petitioners' predecessors in interest were given ryotwari patta on condition that they should render service of performing Nadhaswaram in Yettikaiamman and other temples of Keerambur Village. It is pointed out that the trustees of the temple tried to interfere with the enjoyment of the property on the basis of condition for granting ryotwari patta in favour of the petitioners' predecessors in interest. The reference to the proceedings of the settlement officer and the order passed by the Revenue Divisional Officer dated 17.08.2017 would show that the petitioners' title as holder of Ryotwari patta was recognized by the revenue officials and there is no dispute about the issue of Ryotwari Patta.
4.Aggrieved by the order of learned Revenue Divisional Officer, an appeal was preferred by an individual by name Gopala Krishnan before the District Revenue Officer and the DRO confirmed the order of RDO and directed the appellant to approach the Civil Court as the issue raised by the said individual rests on a disputed question whether the petitioners' predecessors in interest and the petitioners are performing the service in the https://www.mhc.tn.gov.in/judis 4/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022 Temple. The District Revenue Officer in his order though did not direct cancellation of patta in favour of petitioners and their predecessors in interest, observed that the name of the Temple should also be included in the Patta. However, the District Revenue Officer has further held that the individual, who claimed to be a trustee should approach the Civil Court to establish that persons, who were given ryotwari patta are not rendering service in the Temple and for recovery of possession. This order was set aside by the Director of Survey and Settlement by proceedings dated 17.12.2021, holding that there is no violation of condition by the petitioners as per the statement of Executive Officer. Though, the petitioners remain in possession of the property as persons rendering service in the Temple as recognized by the Settlement Officer and later by the Revenue Officials, the petitioners' case that they are not allowed to perform or render service in the Temple is not supported by any material. In the representation dated 02.05.2022 and subsequently, the petitioners state that the petitioners are not permitted to render service by individuals when they enter into the Temple. However, the learned Additional Government Pleader submits that nobody is preventing the petitioners or any one from their family to render service in any temple in Keerambur and that none of the petitioner has come forward https://www.mhc.tn.gov.in/judis 5/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022 to do service in the Temple.
5.While the petitioners are making few representations to permit them to render service by playing Nadaswaram and melam inside the temple, the trustees are trying to establish that the temple land should be restored with the temple as none of the petitioners or other persons, whose predecessors in interest got ryotwari patta under Minor Inam Abolition act are rendering any service in the temple.
6.It is stated that some of the trustees have also filed a writ petition in W.P.No.12133 of 2022, challenging the order of Director of Survey and settlement before this Court and the writ petition is pending.
7.The dispute appears to be whether the petitioners are entitled to hold the property without rendering the service in the temple.
8.The case of the respondents is that petitioners are trying to establish a false case by making representation even though the petitioners are not willing to render any service in the Temple. Regarding the nature of https://www.mhc.tn.gov.in/judis 6/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022 the dispute, this Court is not inclined to entertain the writ petition except directing the official respondents or anyone in management not to prevent the petitioners to render service. In the factual circumstances, the question whether the petitioners are dong piping service and willing to render service inside the temple or not, being a factual issue which is connected to right of petitioners to hold property, the same has to be decided by a competent civil Court. This Court is not inclined to entertain the writ petition and the petitioners may work out their remedy before the Civil Court for appropriate relief.
9.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
07.09.2022 Dua Internet:Yes To
1.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Salem.
https://www.mhc.tn.gov.in/judis 7/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022
2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Namakkal District.
3.The Executive Officer, Arulmighu Yettikaiamman Temple, Keerambur, Namakkal District.
https://www.mhc.tn.gov.in/judis 8/9 W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022 S.S.SUNDAR, J.
Dua W.P.No.12470 of 2022 and W.M.P.Nos.11931 & 11932 of 2022 07.09.2022 https://www.mhc.tn.gov.in/judis 9/9