Nalla Pitchan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-07-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN WP(MD) No. 21612 of 2026 AND W.M.P.(MD)Nos.16080 & 16081 of 2026 and WP(MD)No. 21551 of 2026 and W.M.P.(MD)Nos.16020 to 16022 of 2026 W.P.(MD)No.21612 of 2026:- Nalla PitchanS/o.Veeranan, 3/395, Meenakshi Nagar, Kollankulam, Madurai District. ..Petitioner(s) Vs

¶1The District CollectorO/o. District Collector, Madurai, Madurai District.

¶2The Joint Commissioner,Hindu Religious and Charitable Endowments (HR and CE) Department, Madurai Region, Madurai.

¶3The Revenue Divisional Officer,Melur, Madurai District.

¶4The Executive Officer,Arulmigu Kallalagar Temple, Alagar Kovil, Madurai District.

¶5P. Mahamani,S/o. Periyapulian, No. 12/33, Ayyan Kovil Street, A. Vallalapatti Village, Melur Village, Madurai.

¶6A.K. Ramakrishnan,S/o. Karuppanan Ambalam, Melavalavu, A. Vallalapatti Village, Melur Taluk, Madurai.

¶7R. Chellappan,S/o. Ramukaruppanan, Vellarippatti Village, Melur Taluk, Madurai.

¶8S. Jegan,S/o. K. Subramaniyan, No. 1/83, Midddle Street, Vellarippatti Village, Melur Taluk, Madurai. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order passed by the 3rd Respondent under Na. Ka. No. 880/2026/C dated 27.07.2026 and to quash the same as arbitrary, illegal, unconstitutional and direct the 4th Respondent to provide First Honour to Mr. N.V. Nallapitchan, who was selected by the Pooncholai Vagaiyara People as per the Judgment and Decree dated 24.12.1953 under O.S. No. 14 of 1952 and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.K.R.Laxman For R1 & R3 : Mr.R.Parthiban Counsel for the State of Tamil Nadu For R4 : Mr.V.Chandrasekar Standing Counsel For R5 and R6: Mr.VR.Shanmuganathan For R2 : Mr.S.Venkatesh Counsel for the State of Tamil Nadu WP(MD) No. 21551 of 2026:-

¶1Mahamani AmbalamSon of Periapuliyan Ambalam, 12/33, Ayyan Kovil Street, A.Vallalapatti Village, Melur Taluk, Madurai District

¶2Ramakrishnan Ambalam,Son of Karuppannan Ambalam 110/10A, Puliapatti, A.Vallalapatti, Melur Taluk, Madurai District ..Petitioner(s) Vs

¶1The Joint CommissionerHR and CE, Madurai

¶2Arulmighu Kallalagar Thirukovil,Through its Chairman Board of Trustees, Azhagar Kovil, Melur Taluk, Madurai District

¶3The Executive Officer,Arulmighu Kallalagar Thirukovil, Azhagar Kovil, Melur Taluk, Madurai District

¶4The District Collector,Madurai

¶5The Revenue Divisional Officer,Madurai North, Madurai

¶6The Superintendent of Police,Madurai District

¶7K.Thavamani,Son of Karuppanan, NO.8, Ayyan Kovil Street, A.Vallalapatti, Melur Taluk, Madurai District

¶8Nallapichan,Son of Veeranan, 3/395, Meenakshi Nagar Kollangulam, Appan Thirupathi, Madurai District ..Respondent(s) Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceeding in Na.Ka.No.964/2026/A4-1 dated

24.07.2026 of the 3rd respondent and quash the same and consequently direct the respondents 2 and 3 to confer all the rights and honours to the 2nd petitioner that he is entitled to receive as Ambalakarar, by rotation, representing Vadakkutheru-A.Vallalapatti-Mela Valaru, during Adi Car festival of Arulmighu Kallalagar Thirukovil and ensure the religious practice and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners: Mr.VR.Shanmuganathan For Respondent(s): Mr.S.Venkatesh Counsel for the State of Tamil Nadu for R1 Mr.V,Chandrasekar Standing Counsel for R2 and R3 Mr.R.Parthiban Counsel for the State of Tamil Nadu for R4 and R5 Mr.P.Vetrivel Government Advocate (Criminal side) for R6 Mr.K.R.Laxman for R8 COMMON ORDER By this common order, both the Writ Petitions are disposed of.

¶2W.P.(MD) No.21612 of 2026 has been filed by one Nalla Pitchan, who claims entitlement to certain customary rights and privileges in connection with the Temple festival scheduled to be held on 29.07.2026 (tomorrow) at Arulmigu Kallalagar Temple, Alagarkoil, Madurai. The petitioner has challenged the impugned communication of the third respondent / Revenue Divisional Officer, Melur, Madurai District, bearing Reference No.Na.Ka.No.880/2026/C, dated

27.07.2026.

¶3The petitioner has already instituted proceedings under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "the H.R. and C.E. Act") in O.A. No.34 of 2024, which is still pending enquiry before the second respondent / Joint Commissioner. In the present Writ Petition, the challenge to the impugned communication issued by the third respondent is primarily on the ground that the Revenue Divisional Officer has no jurisdiction to determine the person entitled to the first honours or privileges during the Temple festival scheduled to be held on 29.07.2026 at Arulmigu Kallalagar Temple.

¶4It is the specific contention of the petitioner that the third respondent / Revenue Divisional Officer cannot usurp the jurisdiction vested in the second respondent under the provisions of the H.R. and C.E. Act. In response, the learned Standing Counsel appearing for the respondents 1 and 3 submitted that the impugned proceedings were issued solely with a view to preventing any untoward incident during the Temple festival and to ensure the maintenance of law and order. In this regard, specific reference was made to paragraph 3 of the impugned proceedings, which reads as follows:

¶4A reading of the impugned proceedings reveals that a summons dated

25.07.2026 was issued calling upon the petitioner and others to appear for an enquiry on 26.07.2026 at 03.30 p.m. The impugned proceedings of the third respondent / Revenue Divisional Officer, bearing Reference No.880/2026/C, dated 25.07.2026, further disclose that, upon conducting the enquiry, the third respondent recorded that the sixth respondent enjoys the support of 42 Ambalakarars (Headmen) from different Villages, who are entitled to the privilege of pulling the Temple Car and are to be conferred the said honour once in every sixteen years.

¶5W.P.(MD)No.21551 of 2026 has been filed challenging the proceedings of the third respondent / Executive Officer, Arulmigu Kallalagar Thirukovil, passed pursuant to the order of this Court dated 21.07.2026 in W.P.

(MD) No.20610 of 2026. In the said Writ Petition, the very same petitioner had sought a direction to the respondents therein to consider his representation dated

10.07.2026 and consequently, direct the second respondent / Joint Commissioner to accord the traditional Temple Car rope honour (Ther-Vadamariyadhai) and the Main Parivattam honour to A. Ramakrishnan during the Aadi Car Festival scheduled to be held on 29.07.2026 at Arulmigu Kallalagar Temple, Alagarkoil, Madurai District.

¶6Taking note of the prevailing circumstances, this Court had passed the following order: ''4. Since the Temple Festival is scheduled to be held on 29.07.2026, the Third Respondent is directed to pass appropriate orders pursuant to the enquiry scheduled to be held tomorrow, as expeditiously as possible, after issuing due notice to all persons who are likely to be aggrieved by the decision to be taken by the Third Respondent on the Petitioner's Representation dated 10.07.2026.

¶5It is made clear that the honour and privilege sought to be conferred on Mr.A.K.Ramakrishnan, whom the Petitioner proposes to honour, shall be strictly in accordance with the provisions of the Hindu Religious and Charitable Endowments Act, 1959.

¶6With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs.''

¶7The proceedings passed by the Executive Officer, which are impugned in W.P.(MD) No.21551 of 2026, ultimately hold that there are rival claims in respect of the customary privilege and that, in view of the pendency of O.A. No.34 of 2024, instituted at the instance of the petitioner in W.P.(MD) No.21612 of 2026, the request of the petitioners in W.P.(MD) No.21551 of 2026 to confer the said privilege upon A.K.Ramakrishnan cannot be acceded to. The operative portion of the said proceedings reads as follows:

¶8The learned counsel for the petitioner in W.P.(MD)No.21612 of 2026 submitted that the claim of the sixth respondent, represented by the petitioner in W.P.(MD)No.21551 of 2026, that he enjoys the support of 42 Ambalakarars could not have been adjudicated by the third respondent / Revenue Divisional Officer. It was contended that the exercise undertaken by the Revenue Divisional Officer was wholly without jurisdiction and amounted to usurping the jurisdiction vested exclusively in the Joint Commissioner under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "the H.R. and C.E. Act").

¶9It was further submitted that the summons dated 25.07.2026 was served only at 11.00 a.m. on 26.07.2026, requiring the parties to appear for an enquiry at 03.30 p.m. on the very same day. Therefore, it was argued that the question as to whether A.K.Ramakrishnan enjoyed the support of 42 Ambalakarars could not have been properly determined within such a short span of time.

¶10Per contra, the learned counsel for the petitioners in W.P.(MD) No.21551 of 2026, who espouses the cause of the sixth respondent in W.P.(MD) No.21612 of 2026, namely, A.K.Ramakrishnan, submitted that the sixth respondent is the grandson of the erstwhile Ambalakarar and, by virtue of such lineage, is entitled to the customary privilege as an Ambalakarar.

¶11It was further submitted that the petitioner in W.P.(MD) No.21612 of 2026 enjoys the support of only 15 villagers and not that of the 52 Ambalakarars. It was also contended that the petitioner, Nalla Pitchan, is not one among the descendants of the North Street, A.Vallalapatti, Melavalavu Branch.

¶12The learned counsel further submitted that the customary rights recognised from time immemorial cannot be defeated at the instance of a third party who does not belong to any of the 52 Ambalakarars of the North Street. Therefore, it was prayed that W.P.(MD) No.21612 of 2026 be dismissed and W.P.(MD) No.21551 of 2026 be allowed.

¶13It was also submitted that, for the past three years commencing from 2023, requests for issuance of ''Thirumugam'' had been made to the H.R. and C.E. Department and that, pursuant to the proceedings of the Revenue Divisional Officer, invitation cards had also been printed and distributed declaring that A.K.Ramakrishnan would receive the first honour during the Temple Festival scheduled on 29.07.2026.

¶14This Court has carefully considered the rival submissions made by the learned counsel on either side.

¶15It is noticed that the privilege in question pertains to the Ambalakarars of the Melavalavu Branch of A.Vallalapatti, whose turn arises only once in sixteen years. Their next turn would arise only in the year 2040. There exists an inter se dispute as to the person who is entitled to receive the customary honour, namely, whether it is A.K.Ramakrishnan, the sixth respondent in W.P.(MD) No.21612 of 2026, whose cause is espoused by the petitioners in W.P.(MD) No.21551 of 2026, or the petitioner in W.P.(MD) No.21612 of 2026, or any other eligible person. That dispute is the subject matter of O.A.No.34 of 2024 pending before the Joint Commissioner under Section 63(e) of the H.R. and C.E. Act. It is not clear as to why the said Original Application has been kept pending for more than two years without being disposed of.

¶16Considering the fact that the privilege is conferred only once in sixteen years upon the members of the North Street, A.Vallalapatti, Melavalavu Branch, this Court is of the considered view that the exercise undertaken by the third respondent / Revenue Divisional Officer, which is impugned in W.P.(MD) No.21612 of 2026, is wholly without jurisdiction. The Revenue Divisional Officer cannot usurp the statutory powers vested in the Joint Commissioner under Section 63(e) of the H.R. and C.E. Act. It is a settled principle of law that where the statute prescribes that a thing shall be done in a particular manner, it shall be done only in that manner and in no other manner. At the highest, if the Revenue Divisional Officer apprehended any breach of peace or law and order during the Temple Festival, appropriate preventive orders could have been passed in exercise of the powers available under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, the Revenue Divisional Officer could not have undertaken the exercise of determining the entitlement to the customary honour.

¶17Accordingly, the proceeding of the Revenue Divisional Officer dated

27.07.2026, impugned in W.P.(MD) No.21612 of 2026, cannot be sustained and are liable to be quashed. It is, accordingly, quashed.

¶18Insofar as the proceedings of the Executive Officer dated 24.07.2026, which are impugned in W.P.(MD) No.21551 of 2026, are concerned, this Court finds no infirmity therein. The said proceedings were passed pursuant to the earlier order of this Court dated 21.07.2026 made in W.P.(MD) No.20610 of 2026 and are consistent not only with the directions issued by this Court but also with the scheme of Section 63(e) of the H.R. and C.E. Act.

¶19The subsequent proceedings of the Revenue Divisional Officer could neither override nor dilute the proceedings of the Executive Officer dated

24.07.2026.

¶20In the result, W.P.(MD) No.21612 of 2026 is allowed and W.P.(MD) No.21551 of 2026 is dismissed. It is made clear that, pending disposal of O.A. No.34 of 2024, the Temple authorities shall not confer the first honour upon any person in respect of the privilege in dispute. No costs. Consequently, connected Miscellaneous Petitions are closed.

¶21Since O.A.No.34 of 2024 has remained pending from the year 2024, the second respondent / Joint Commissioner is directed to complete the enquiry and pass appropriate orders as expeditiously as possible, so that, there is no uncertainty or last-minute confusion when the next occasion for conferring the said privilege arises in future. 28-07-2026 Index: Yes/No Speaking/Non-speaking order smn2 Note: Issue order copy on 28.07.2026. To

¶1The District Collector, O/o. District Collector, Madurai, Madurai District.

¶2The Joint Commissioner, Hindu Religious and Charitable Endowments (HR and CE) Department, Madurai Region, Madurai.

¶3The Revenue Divisional Officer, Melur, Madurai District.

¶4The Executive Officer, Arulmigu Kallalagar Temple, Alagar Kovil, Madurai District.

¶5The Chairman Board of Trustees Arulmighu Kallalagar Thirukovil, Azhagar Kovil, Melur Taluk, Madurai District

¶6The Superintendent of Police, Madurai District. C.SARAVANAN J. smn2 WP(MD) No. 21612 of 2026 and WP(MD)No.21551 of 2026 28-07-2026