Arumugam v. The Joint Commissioner

ORDER Heard both sides.

2.The petitioner was maintaining a Lingam installed opposite to the petition mentioned temple on the sea-shore. According to him, the last several decades, poojas were being performed for the said Lingam ; the devotees were also permitted to touch the coral stone which was kept nearby. This writ petition has been filed since the HR&CE authorities have been interfering with the petitioner's activities.

3.The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in the writ petition. He argued that the site on which the Lingam had been installed does not belong to HR&CE. He questioned the power and jurisdiction of the HR&CE officials to interfere with his right to conduct poojas.

4.There is some dispute as to whether the land in question belongs to the temple. To ascertain this, a proper survey may have to 3 W.P.(MD)No.21570 of 2025 be undertaken. But it is beyond dispute that the petitioner is not having title or patta over the said land. Either the land in question belongs to the temple or to the government. It is also conceded that as on date, the lingam had been removed. The only question that calls for consideration is whether the petitioner is entitled to carry on the aforesaid activities. While it is open to the petitioner to carry on his religious activities in his patta land, he cannot do the same in a land that does not belong to him. Admittedly, there is not even a scrap of paper supporting the stand of the petitioner. It is well settled that a Writ of Mandamus can be issued only if the petitioner demonstrates the existence of any legal right in him. No such legal right has been shown to exist. I therefore decline to issue any Mandamus as prayed for.

5.This writ petition is dismissed. No costs. Connected miscellaneous petition is closed.

16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No SKM 4 W.P.(MD)No.21570 of 2025 To:

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Rameshwaram, Ramanathapuram District.

2.The Tahsildar, Rameshwaram, Ramanathapuram District. 5 W.P.(MD)No.21570 of 2025

G.R.SWAMINATHAN, J. SKM W.P.(MD)No.21570 of 2025 and WMP(MD)No.16674 of 2025

16.09.2025

1 W.P.(MD)No.21570 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21570 of 2025 and WMP(MD)No.16674 of 2025 Arumugam ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Rameshwaram, Ramanathapuram District. 2.The Tahsildar, Rameshwaram, Ramanathapuram District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, order or direction in the nature of a writ forbearing the Respondents from disturbing the petitioner's traditional right of conducting pooja in Sivan Koil opposite to Gothanda Ramar Temple in Rameswaram with coral stone and to permit the worshippers to touch the coral stone as divine blessings and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. 2 W.P.(MD)No.21570 of 2025 For Petitioner : Mr.Selva Adithya For Respondents : Mr.S.Ramesh for R1 Mr.M.Lingadurai, Special Government Pleader for R2