M.Ponnukalai v. The Superintendent of Police

ORDER This writ petition is filed for Writ of Mandamus to direct the 2nd respondent not to harass the petitioner and also not to interfere with the Poojari Service of the Petitioner in the temple, viz., Arulmigu Sri Sadachiamman Oorkaval Ayyanar Santhana Karuppasamy Petchiamman Temple situated at Nazarpuliyankulam Village, Velakallankulam Group, Kariyapatti Taluk, Virudhunagar District.

¶2Heard the learned counsel on either side.

¶3It is an admitted fact that the temple was constructed upon purchase of the land in the year 2016, and that an agreement was entered into between the private respondents and the petitioner, whereby the petitioner was permitted to act as a Poosari. However, certain allegations of theft have been levelled against the petitioner. In view of the same, the private respondents prevented the petitioner from continuing to perform poosariship. During the interregnum, one Kumar was appointed as Poosari. In the meantime, one Kalyani filed W.P.(MD) No.16323 of 2024, inter alia, seeking to quash the order passed by the Tahsildar and consequently to direct the official respondents to conduct the Adi festival. While considering the said writ petition, by order dated

19.07.2024, this Court observed that the private respondents had raised objections to Ponnukalai acting as priest and, consequently, restrained the said Ponnukalai from performing poosariship in the temple.However, the said order came to be passed without impleading Ponnukalai as a party and, thereby obtained order behind his back. Further, no enquiry have been conducted till date.

¶4In such circumstances, this Court is of the considered opinion that the petitioner is entitled to continue as Poosari on the strength of the agreement dated 15.06.2016, unless the same is cancelled in accordance with law. If the respondents intend to remove the petitioner, they shall do so only after conducting a proper enquiry. Until such time, the petitioner shall be permitted to continue exercising his poosariship rights. Accordingly, the respondents are restrained from interfering with the petitioner's poosariship rights, as stated above.

¶5With the above observation, this Writ Petition is disposed of.

24.02.2026 LS

TO

¶1The Superintendent of Police, Virudhunagar District. Virudhunagar..

¶2The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District..

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J LS

WP CRL.(MD) No.1013 of 2025

24.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.02.2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY M.Ponnukalai, ... Petitioner Vs. 1. The Superintendent of Police, Virudhunagar District. Virudhunagar.. 2. The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District.. 3. Karuppasamy, 4. Palpandi, 5. Kalyani, 6. Vellaichamy, 7. Kumar, 8. Kannan 9. Rajendran, 10. Logapandian, 11. Raja, 12. Pandi, 13. Samy, ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ, to a Writ of Mandamus, directing the 2nd respondent not to harass the petitioner and also not to interfere with the Poojari Service of the Petitioner in the temple namely Arulmigu Sri Sadachiamman Oorkaval Ayyanar Santhana Karuppasamy Petchiamman Temple situated at Nazarpuliyankulam Village, Velakallankulam Group, Kariyapatti Taluk, Virudhunagar District not otherwise than due process of law. For Petitioner : Mr. Alagusundar. S, For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) for R1 & R2 : Mr.C.Suresh Kumar for R3, R4, R6, R8, R10, R11 & R13