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CDJ 2026 MHC 5697
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P. Crl.(MD). No. 4414 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI |
| Parties : K. Selvarani Versus The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai & Others |
| Appearing Advocates : For the Petitioner: S. Arunnithy, Advocate. For the Respondents: R7, D. Rajaboopathy, Government Advocate (Crl.Side), R1 to R6, M.R. Priyanka Jothi, Government Advocate (Civil). |
| Date of Judgment : 07-08-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- Writ of Mandamus
- Communal sensitivity
- Caste‑based clashes
- Temple festival
- Police protection
3. Summary:
The petitioner, a senior citizen devotee, filed a writ petition under Art. 226 seeking a mandamus directing the HR&CE officials to consider his representation and permit a women‑only Thiruvilakku Pooja at two temples in Senagarampatti. The respondents declined, citing past communal violence and law‑and‑order concerns. The Court examined the representation, emphasized inclusive participation of women from all communities, and accepted a list of 122 (potentially 200) women participants. It ordered the conduct of the “208 Thiruvilakku Pooja” on 14‑08‑2026, constituting a six‑member committee, specifying timings, venue capacity, lighting, police protection, and restrictions on banners and permanent structures. The petition is disposed of with these directions.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.3 to 5 and 7 consider the petitioner's representation dated 31.07.2026 and direct to issue permission to conduct Thiruvizhakku Poojai at Sri Ammachi Amman Temple and Mandu Ayyanar Temple situated at Senagarampatti Village, Melur Taluk.)
1. This petition has been filed seeking for a direction to the respondents 3 to 5 and 7 consider the petitioner's representation dated 31.07.2026 and also to issue permission to conduct Thiruvizhakku Poojai at Sri Ammachi Amman Temple and Mandu Ayyanar Temple situated at Senagarampatti Village, Melur Taluk (hereinafter referred to as the 'subject temple' for the sake of brevity).
2. The learned counsel appearing for the petitioner submitted that the subject temple is a temple under the control and administration of the HR&CE Department. Nearly two decades ago, owing to a communal clash between the caste Hindu and Scheduled Caste communities, a murder was committed, pursuant to which the temple festival of the subject temple was discontinued. Consequently, no temple festival has been conducted in the temple for the past nearly forty years. However, the devotees have continued to worship the principal deities of the temple in the normal course of their lives.
3. The petitioner, a senior citizen residing at Senagarampatti Village and a devotee of the subject temple, along with other women devotees of the village, proposed to conduct Thiruvizhakku Pooja on the last Aadi Friday of this year, which falls on 14.08.2026. In this regard, the petitioner submitted a representation dated 31.07.2026 to respondents 3 to 5 and 7 seeking permission. However, the respondents declined to grant permission and informed the petitioner that prior permission from the jurisdictional authorities of the HR&CE Department was required before the request could be considered.
4. The learned Government Advocate appearing for respondents 1 to 6 submitted that, having regard to the communal sensitivity prevailing in the village, the temple festival itself has not been conducted for several years. In such circumstances, permitting the conduct of the Thiruvizhakku Pooja may give rise to caste-based clashes and disturb the prevailing law and order situation.
5. The learned Government Advocate appearing for the respondent police submitted that, for the past 40 years, neither the temple festival nor any pooja by common public has been permitted in the subject temple. It was further submitted that the respondent police is apprehensive about the communally sensitive nature of the village and its surrounding areas. However, it was fairly submitted that, if this Court is inclined to grant permission to the petitioner to conduct the proposed Thiruvilakku Pooja, an inclusive committee comprising representatives of all communities should be constituted to oversee the conduct of the pooja. It was further submitted that fit person appointed by the HR&CE Department in the subject temple would make all necessary arrangements and act diligently to ensure that the event is conducted peacefully without giving rise to any law and order problem.
6. Heard the learned counsel on either sides and carefully perused the materials placed before this Court.
7. A careful perusal of the representation would reveal that the proposed Thiruvilakku Poojai is intended to be conducted exclusively by women. However, this Court is of the considered view that the pooja shall be conducted with the participation of women belonging to all the communities residing in Senagarampatti Village. In particular, women belonging to the Scheduled Caste community shall not be excluded from participating in the pooja on any ground. It is further made clear that the the function shall be exclusively conducted by women belonging to all the communities and shall not be projected, identified, or conducted as an event belonging to or organised by the women of any particular community.
8. However, when the matter was taken up for hearing earlier, this Court directed the learned counsel appearing for the petitioner to furnish the list of participants, along with their names and addresses, representing women belonging to all the communities. Accordingly, a list containing the names and addresses of 122 women has been placed before this Court. It was further submitted by the learned counsel for the petitioner that more women are expected to participate in the event and that the total participation may be to the tune of 200 women.
9. In view of the aforesaid submission, this Court hereby restricts the pooja as “208 Thiruvilakku Pooja”. The petitioner is directed to organise the Thiruvilakku Poojai for the benefit of female devotees belonging to all the communities of the subject temple, on the last Aadi Friday of the present year. In this regard, a Temple Pooja Committee is hereby constituted by this Court, based on the list of participants produced by the learned counsel appearing for the petitioner before this Court and they are listed below:-
1. Ms.K.Selvarani, D/o. Kanagaraj, Nadupatti, Sennagarampatti, Melur, Madurai District,
2. Ms.Padma, W/o. Santhanam, Keelapatti, Sennagarampatti, Melur, Madurai District;
3. Ms.Kalaiselvi, W/o.Vellaisamy, Vinobacolony, Pudhusukkampatti, Melur, Madurai District;
4. Ms.Nidhya, W/o.Chithiraiselvan, Keelapatti, Sennagarampatti, Melur, Madurai District;
5. Ms.Bavani, D/o.Sithanathan, Vinobacolony, Pudhusukkampatti, Melur, Madurai District;
6. Ms.Sumathi, W/o.Kannan, Keelapatti, Sennagarampatti, Melur, Madurai District.
10. The Committee comprising six women members is directed to conduct the Thiruvilakku Poojai on the Aadi Friday in the subject temple, under the guidance and support of the Fit Person, namely, Yogavathi, of the subject temple. The Thiruvilakku Poojai shall be conducted between 05.00 p.m. and 08.00 p.m. on the last Aadi Friday ie., on 14.08.2026 of the present year.
11. The time schedule shall be as follows: from 05.00 p.m. to 06.00 p.m., arrangements for the poojai shall be made; from 06.00 p.m. to 07.00 p.m., the pooja shall be conducted; and from 07.00 p.m. to 08.00 p.m., the devotees shall disperse. All the members of the Committee are directed to appear before this Court on 10.08.2026 along with their Aadhaar Cards for verification.
12. The petitioner is directed to produce photographs of the ground where the pooja is proposed to be conducted, so as to enable this Court to ascertain that the said place is capable of accommodating about 250 persons. It is further made clear that adequate lighting facilities shall be provided for the conduct of the pooja, particularly in view of the submission made by the respondent police that the subject temple has only minimal electricity facilities.
13. The respondent police is directed to provide necessary police protection for the peaceful conduct of the Thiruvilakku Pooja. The respondent police shall also grant necessary permission for clearing the ground exclusively for the purpose of conducting the said Thiruvilakku Pooja. However, in the guise of clearing the ground, no community or any individual shall be permitted to put up any permanent structure at the said place.
14. It is made clear that the permission granted by this Court is restricted only to the conduct of the Thiruvilakku Pooja on the last Aadi Friday of the present year. Further, installation or display of flex boards of any nature is strictly prohibited. The petitioner is permitted to put up only one banner containing the details of the pooja, and the said banner shall be displayed only in the name of the Fit Person of the subject temple and not in the name of any individual or any particular community.
15. With the above directions, this writ petition stands disposed of.
16. Post for reporting compliance on 10.08.2026 as last item.
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