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CDJ 2026 MHC 4295
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : WP. CRL.(MD). Nos. 3170 & 3181 of 2026 & WPMP. CRL.(MD). Nos. 773 & 774 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI |
| Parties : Sekappan & Another Versus The Superintendent of Police, Sivagangai & Others |
| Appearing Advocates : For the Petitioners: S. Baskar Mathuram, S. Ramanathan, Advocates. For the Respondents: R1 to R3, D. Rajaboopathy, Government Advocate (Crl.Side), R4 & R5, S. Manohar, Standing Counsel, R6 & R7, S. Bharathy Kannan, Advocate. |
| Date of Judgment : 16-06-2026 |
| Head Note :- |
Subject
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- G.O(Ms)No.139, Home (Pol‑III) Department, dated 04.03.2019
2. Catch Words:
- Certiorari
- Mandamus
- Writ
- Police protection
- Permission
- Fundamental right
- Mandagapadi
3. Summary:
The petitioners sought a writ of certiorari‑mandamus to quash a police order dated 12‑06‑2026 that denied permission and police protection for the Ani Month Brahmotsavam Chariot Festival at Arulmigu Sri Sevugaperumal Ayyanar Temple. The petitioners argued that the denial was based on unrelated civil and criminal cases and infringed their fundamental right to worship. The respondents contended that the order was necessary to prevent law‑and‑order problems and to address family disputes over mandagapadi offerings. The Court examined the facts, held that the festival is a fundamental religious right and that the police order was illegal and arbitrary. Consequently, the impugned order was set aside, permission was granted for the festival, and police protection was directed under the cited Government Order. Specific directions were issued to allow mandagapadi offerings by 150 families and to maintain peace.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer :- To Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 3rd respondent dated 12.06.2026 and quash the same as illegal and consequently direct the Respondents 1 to 3 to provide Permission and police protection to "Ani Month Brahmotsavam Chariot Festival" from 17.06.2026 to 01.07.2026 at Arulmigu Sri Sevugaperumal Ayyanar Temple, located in Pariya Maruthupatti, Nerkuppai Village, Sivagangai District.)
To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2nd respondent vide Na.Ka.No. 22/VIPS/proceedings/ 2026 dated 12.06.2026 and to quash the same as illegal and arbitrary and consequentially to permit the villagers and the third respondent to conduct Brahmotsava Ther Thiruvizha in Arulmigu Poornai Pushkalai Deviyar Sametha Sri Sevugaperumal Ayyanar Temple, Pariyamaruthipatti, Nerkuppai village, Sivagangai District, between 17.06.2026 to 01.07.2026.)
1. These Writ Petitions are filed challenging the impugned order passed by the respondent police dated 12.06.2026 and quash the same as illegal and consequently to direct the official respondents to provide permission and police protection to "Ani Month Brahmotsavam Chariot Festival" from 17.06.2026 to 01.07.2026 at Arulmigu Sri Sevugaperumal Ayyanar Temple, located in Pariya Maruthupatti, Nerkuppai Village, Sivagangai District.
2. The learned Senior counsel appearing for the petitioner submitted that the said temple belongs to the Sivagangai samasthanam Devasthanam, Singampunari, Sivagangai District, who had given an application before the respondent police seeking permission and police protection for the conduct of the temple festival from 17.06.2026 to 01.07.2026. However the same came to be rejected citing the pending civil suit in O.S.No.65 of 25 on the file of the learned Principal District Munsif cum Judicial Magistrate, Thirupathur, Sivagangai District and also the earlier criminal cases registered during the time of temple festival in the previous years against two groups of people.
3. The learned Senior counsel categorically conducted that all those criminal cases which were registered, have nothing to do with the this particular temple which belongs to the Sivagangai samasthanam Devasthanam. As many as 7 other private temples are situated in and around the Devasthanam and those criminal cases were registered due to the indifferences which had crept in among the villagers with respect to the administration of the aforesaid temples. As far as this temple is concerned, it is the temple festival which is conducted by the Sivagangai Samasthanam Devasthanam and the Samasthanam is not preventing any common man from participating in the temple festival along with their family. Hence, the impugned order should necessarily be set aside and sought for indulgence of this Court.
4. The learned Government Advocate also submitted that the earlier criminal cases were registered only during the temple festival of this particular temple and apprehended law and order problem.
5. The learned Counsel appearing for the 6th and 7th respondents in WP.Crl.(MD)No.3170 of 2026, categorically contended that they are prevented from offering temple tax as well as Mandagapadi and hence their plight should be necessarily addressed. The right of the petitioner to offer Mandagapadi should be ensured. The temple festival will be conducted for 11 days and for all the 11 days, one Mandapadi is permitted. One Mandapadi representing one family is permitted in each of the days during the festival. The issue which is raked up before this Court by the 7th respondent in WP.Crl.(MD)No.3170 of 2026, with respect to the 4th day Mandagapadi. As far as the other Mandagapadithars are concerned, no family is raising any issue. For the purpose of resolving the family disputes which has emanated among the 7th respondent's family, the entire temple festival should not be stalled and submitted that the impugned order should necessarily be set aside.
6. Heard either sides and carefully perused the materials available on record.
7. It is needless to state that the Arulmigu Sri Sevugaperumal Ayyanar Temple belongs to the Sivagangai Samasthanam Devasthanam, Sivagangai District and the temple festival is scheduled to be commenced from 17.06.2026 for a period of 11 days. The impugned order has been passed by the respondent police, refusing permission to conduct the said festival, citing previous criminal cases. Considering the facts and circumstances of this case, this Court is of the considered view that the right to conduct temple festival and right to worship / celebrate is being the fundamental right of the villagers, the temple festival shall not be stalled or curbed.
8. In view of the same, the impugned order dated 12.06.2026, passed by the respondent police, is hereby set aside and the Sivagangai samasthanam Devasthanam,Sivagangai District, is permitted to conduct the temple festival as scheduled. It is made clear that neither the 7th respondent or any other Mandagapadithars should raise any kind of issue or hinderance in the peaceful conduct of the temple festival on all the days. As far as the dispute which has emanated with respect to offering of Mandagapadi by the 7th respondent on the 4th day of festival, it is made clear that all the 150 families represented by the 7th respondent shall be permitted to pay an amount of Rs.1000/- each to the Sivagangai samasthanam Devasthanam, Sivagangai District, towards offering mandagapadi and are also permitted to worship on the 4th day of festival. It is made clear that the 7th respondent group shall not interfere or hinder the conduct of the temple festival on the other days and the Sivagangai samasthanam Devasthanam, shall facilitate participation of the 7th respondent and his people as many as 150 families on 4th day offering Mandagapadi and the temple tax amount of Rs.1000/- from each of the family may be received.
9. The third respondent police is directed to offer necessary police protection to the 7th respondent group on payment appropriate charges in terms of G.O(Ms)No.139, Home (Pol-VIII) Department, dated 04.03.2019 on the 4th day of festival. It is made clear that the petitioner should not restrict or prevent any person, including the 6th and 7th respondents from participating in all the formalities and functions related to the Temple Festival. It is further directed that the petitioner as well as respondents 6 and 7 are directed to file an undertaking affidavit that they will maintain calm and peace during the conduct of the temple festival.
10. With the above directions, these Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed.
11. Post on 17.06.2026, 'for reporting compliance'.
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