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CDJ 2026 MHC 5785
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : WP. CRL.(MD). Nos. 4517 & 4483 of 2026 & W.P.(MD). No. 4483 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE P. MURUGAN |
| Parties : Mallika & Another Versus The State of Tamil Nadu, Rep. by the Superintendent of Police, Sivagangai & Others |
| Appearing Advocates : For the Appearing Parties: A. Sivasubramanian, Additional Government Pleader, V. Moushica, Government Advocate (Crl.Side), S. Vimal Raj, J. Jeyakumaran, Advocates. |
| Date of Judgment : 11-08-2026 |
| 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
- Police protection
- Discrimination
- Scheduled Caste
- Bullock cart race (ban)
- Affidavit
3. Summary:
The Court considered two rival writ petitions seeking permission and police protection for the annual Mulaipari Festival and associated drama programme at Mudikandam Village. It held that the request to conduct a bullock‑cart race could not be granted as such races are prohibited by Government order. Both parties were directed to file affidavits assuring that Scheduled Caste members would be allowed to participate without discrimination. The Inspector of Police was ordered to provide adequate police protection and to ensure the drama programme is conducted without obscene content. The parties were instructed not to disturb each other’s festivities, and any untoward incident must be dealt with according to law.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to grant necessary permission and provide adequate police protection for conducting the annual Mulaipari Festival, along with the Drama programme and Bullock cart boundary race, at Arulmigu Sri Sundaravalli Amman and Sri Karuppanasamy Temple, Mudikandam Village on 11.08.2016 and consider the petitioner's representation dated 03.08.2026 within the time stipulated by this Court.)
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate action against the organizers of Mudikandam Temple festival for discriminating the petitioner and their scheduled caste community from participating Mulaipari function in Sri Karuppanasamy and Sri Sundaravalli Ammal mulaipari urchava vizha on 11.08.2026 at Mudikandam Village, Sivagangai District and consequently direct the 1st and 2nd respondent to take appropriate action for illegally conducting drama and bullock cart race on 11.08.2026 without any permission from the 1st and 2nd respondent, based on the representation of the petitioner dated 05.08.2026.)
Common Order
1. The prayer in W.P.(MD) No.4483 of 2026 is, in brief, to direct the official respondents 1 and 2 to grant necessary permission and provide adequate police protection for conducting the annual Mulaipari Festival, along with the drama programme and bullock cart boundary race, at Arulmigu Sri Sundaravalli Amman and Sri Karuppanasamy Temple, Mudikandam Village, on 11.08.2026 (i.e., today), based on the petitioner's representation dated 03.08.2026.
2. The fourth respondent in the writ petition has filed another writ petition in W.P.(MD) No.4517 of 2026, seeking a direction to the respondents therein to take appropriate action against the organisers of the Mudikandam Temple Festival for discriminating against the petitioner and the members of the Scheduled Caste community by preventing them from participating in the Mulaipari function of Sri Karuppanasamy and Sri Sundaravalli Amman Mulaipari Urchava Vizha on 11.08.2026 at Mudikandam Village, Sivagangai District. Consequently, a further direction is sought to respondents 1 and 2 to take appropriate action against the organisers for illegally conducting the drama and bullock cart race on 11.08.2026 without obtaining permission from respondents 1 and 2, based on the petitioner's representation dated 05.08.2026.
3. The prayer in the first writ petition seeking permission to conduct the bullock cart boundary race cannot be granted, as the conduct of bullock cart races has been banned by the Government. Both the learned counsel are aware of the same. The petitioner in W.P. (MD) No.4483 of 2026 has, therefore, restricted his relief only to grant permission to conduct the Mulaipari and drama programme, which is agreed to.
4. During the hearing, the learned Additional Government Pleader appearing for the third respondent, HR &CE Department, in W.P.(MD) No.4483 of 2026, submitted that there is no objection or restriction for conducting the Mulaipari Festival and that the Mulaipari procession would go around the temple and merge in the Oorani and thereafter enter the temple for worship. The said submission is recorded.
5. As regards the conduct of the drama programme, the learned Government Advocate appearing for respondents 1 and 2 submitted that they would provide necessary police protection for conducting the Mulaipari Festival and the drama programme.
6. It is submitted that, in the said village, there are two rival groups who have filed the respective writ petitions in W.P.(MD) Nos.4483 and 4517 of 2026, and that they have now agreed to join together without any caste or social discrimination.
7. The learned counsel for the petitioner in W.P.(MD) No.4517 of 2026 submitted that, if the petitioner in W.P.(MD) No.4483 of 2026 files an affidavit stating that the members of the Scheduled Caste community shall also be permitted to participate in the Mulaipari Festival, drama programme and other related activities along with the members of other communities in the village, the same would be acceptable.
8. The learned counsel for the petitioner in W.P.(MD) No.4483 of 2026 agreed to file an affidavit to that effect before the respondent police today evening itself.
9. Likewise, the petitioner in W.P.(MD) No.4517 of 2026 also agreed that, upon filing of such an affidavit, they would also file a short affidavit before the police stating that they would participate along with the petitioner in W.P.(MD) No.4483 of 2026 in the Mulaipari and drama festival.
10. Considering the above submissions, both the writ petitions are disposed of with the following directions:
(i) The petitioner in W.P.(MD) No.4483 of 2026 is directed to file an affidavit before the second respondent, namely, the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, today before 5.00 p.m.
(ii) Upon receipt of the said affidavit and supply of a copy thereof to the petitioner in W.P.(MD) No.4517 of 2026, the petitioner in W.P.(MD) No.4517 of 2026 shall also file a formal affidavit agreeing to participate in the Mulaipari and drama festival conducted by the petitioner in W.P.(MD) No.4483 of 2026.
(iii) The Inspector of Police, Sivagangai Taluk Police Station, is directed to provide adequate police protection to conduct the Mulaipari Festival and the drama programme.
(iv) The drama programme shall be conducted between 9.00 p.m. and 11.00 p.m. Obscene dances, vulgar performances, or objectionable or vulgar dialogues shall be avoided during the programme.
(v) The petitioner in W.P.(MD) No.4517 of 2026 shall not interfere with or disturb the Mulaipari Festival and drama programme conducted by the petitioner in W.P.(MD) No.4483 of 2026.
(vi) In the event of any untoward incident, the respondent police shall take appropriate action in accordance with law.
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