1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2223 of 2011 K.Chinnasamy .. Petitioner Vs. 1.The District Collector, Sivagangai, Sivagangai District. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai Taluk, Sivagangai District. 4.K.Subramanian .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus directing the second respondent to conduct an enquiry regarding dispute in Sri Balamariamman Temple and the land situated at Manamboovayal Village, Devakottai Taluk, Sivagangai District and consequently to direct the second respondent to permit the petitioner to worship the deity and celebrate the Pankuni festival in the Sri Balmariamman Temple. For Petitioner : Mr.T.Lajapathi Roy For R.1 to 3 : Mr.K.Balasubramanian Addl.Govt.Pleader For R.4 : Mr.R.Sundar Srinivasan ORDER The petitioner has filed for a Mandamus seeking that in respect of a private temple, he has not been permitted to participate in the ceremony or functions to be held in this month. He would contend that he was in the management of the said temple. Therefore, he has sought for a Mandamus directing the second respondent to conduct an enquiry regarding the dispute in Balmariamman Temple. 2. After notice, the learned Additional Government Pleader submitted that it is purely a civil dispute between the parties and the parties have to work out their remedy before the Civil Court. 3. The fourth respondent on notice would contend that the temple is managed by a Trust belonging to the village people and they are the owner of the said temple. But he would only undertake that the petitioner is always at liberty to participate in the festival to be https://hcservices.ecourts.gov.in/hcservices/ 2 conducted in the temple and do worship, for which, they have no objection. As regards the other disputes, the petitioner has to approach the Civil Court for appropriate relief. Heard all parties. 4. Suffice to state that there cannot be any Mandamus to the Revenue Divisional Officer to conduct an enquiry in respect of private management of the temple. Admittedly, the petitioner himself has stated that it is a private temple. Therefore, his recourse is somewhere else and not before this Court under Article 226 of the Constitution of India. The Writ Petition is not maintainable. 5. Recording the submissions of the fourth respondent that the petitioner is always at liberty to participate in the festival and offer worship, the Writ Petition is disposed of as not maintainable. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The District Collector, Sivagangai, Sivagangai District. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai Taluk, Sivagangai District. +1 CC to Mr. R.Sundar Srinivasan, Advocate, Sr.No.6673 ssm W.P.(MD).No.2223 of 2011 16.03.2011 TR : 16.03.2011 : 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/