logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MHC 6140 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : WP. Crl.(MD). No. 4805 of 2026 & WMP. Crl.(MD). Nos. 1119 & 1120 of 2026
Judges: THE HONOURABLE DR. JUSTICE P. MURUGAN
Parties : Sakthivel Versus The Revenue Divisional Officer Orathanadu, Thanjavur & Others
Appearing Advocates : For the Petitioner: K. Jeyamohan, Advocate. For the Respondents: R1 & R2, A. Sivasubramanian, Additional Government Pleader, R3 to R5, C. Susikumar, Government Advocate (Crl.Side), R6, M/s. S. Prabha, Advocate.
Date of Judgment : 25-08-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- DGP Circular (as referenced)

2. Catch Words:
- Certiorari
- Mandamus
- Police protection
- Discrimination
- Undertaking affidavit

3. Summary:
The petitioner filed a writ under Article 226 seeking a writ of certiorari and mandamus to quash the order of the 1st respondent and to ensure peaceful, non‑discriminatory participation of all families in the temple festival. The court examined the earlier order dated 28.07.2026 and found that the 1st respondent had mis‑interpreted it by forwarding the petitioner's request as if permission had already been granted. Both the petitioner and the 6th respondent agreed to conduct the festival jointly, and the court directed the police to provide protection, obtain undertakings, and refrain from levying costs. The impugned order was set aside, and the petition was disposed with directions for the festival to proceed as agreed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Na.Ka.No.528/2026/A3 dated 17.08.2026 on the file of the 1st respondent and quash the same as illegal and further directing the respondents 3 to 5 to take appropriate steps to ensure that the petitioner's family and all the other families residing in Vadaseri village are permitted to participate peacefully, fairly and without discrimination in festival of Arulmigu Sri Kottai Veeranar Swami Temple situated in Vadaseri village, Orathanadu Taluk, Thanjavur District proposed to be conducted from 28.08.2026 to 30.08.2026, by considering the petitioner's representation dated 17.08.2026.)

1. The relief sought for in the writ petition is to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned proceedings in Na.Ka.No.528/2026/A3 dated 17.08.2026 passed by the 1st respondent and quash the same as illegal and further direct the respondents 3 to 5 to take appropriate steps to ensure that the petitioner's family and all the other families residing in Vadaseri village are permitted to participate peacefully, fairly and without discrimination in festival of Arulmigu Sri Kottai Veeranar Swami Temple situated in Vadaseri village, Orathanadu Taluk, Thanjavur District proposed to be conducted from 28.08.2026 to 30.08.2026, by considering the petitioner's representation dated 17.08.2026.

2. The learned counsel for the petitioner submitted that the petitioner and the 6th respondent belong to the same community and reside in Vadaseri Village. There are 140 families belonging to the said Scheduled Caste community in the village, including the petitioner and the 6th respondent. In addition to the said community, members of other communities are also residing in the village. The subject temple exclusively belongs to the Scheduled Caste people, and every year, the members of the community jointly conduct the temple festival.

3. For the current year, the temple festival was scheduled to be held from 03.06.2026 to 06.06.2026. Unfortunately, on 03.06.2026, the wife of the Samiyadi passed away. In view of the said unfortunate event, all the 140 families decided to postpone the temple festival to a future date. It is submitted that one Mr. Rajendran, who belongs to the same community and resides in the same village, owing to his personal sentiments and beliefs, worshipped the temple by sacrificing a goat on 07.06.2026. The said incident was not an issue among the villagers, as it was an individual act. Therefore, it cannot be construed as a temple festival conducted by the members of the community in the said area.

4. In the aforesaid circumstances, the petitioner submitted a representation dated 17.08.2026 separately to the 1st respondent and thereafter submitted representations to the 3rd and 5th respondents, seeking permission to conduct the temple festival. However, the 1st respondent, by the impugned order, forwarded the petitioner's request to the 3rd respondent, as if this Court, by its earlier order dated 28.07.2026 in W.P.(Crl.)(MD) No.4206 of 2026, had granted permission to the 6th respondent to conduct the temple festival from 28.08.2026 to 30.08.2026 with police protection. This is factually incorrect. Therefore, the petitioner was constrained to challenge the order of the 1st respondent, which is not in accordance with the earlier order passed by this Court. The earlier order merely directed the police to enquire into the matter and thereafter consider the grant of permission. Hence, the said order is liable to be set aside.

5. The learned counsel for the petitioner submission has considerable force, as no such order was passed in the earlier round of litigation initiated by the 6th respondent. This Court had only directed the respondents to convene a peace committee meeting and, after taking a decision in the said meeting, the temple festival could be conducted by the 6th respondent. The 6th respondent, who was the petitioner in the earlier writ petition in W.P.(Crl.)(MD) No.4206 of 2026, had sought police permission and protection for conducting the festival of Sri Arulmigu Sri Kottai Veeranar Swamy Temple, which was scheduled to be held from 28.08.2026 to 30.08.2026.

6. It is an undisputed fact that the future dates, namely, 28.08.2026 to 30.08.2026, were commonly decided upon by the people belonging to the petitioner and the 6th respondent's community in the said area. The 6th respondent approached this Court well in advance seeking appropriate directions, and the same was considered by this Court. Thereafter, the petitioner approached the official respondents seeking similar relief. However, the 1st respondent, instead of considering the petitioner's request in accordance with the earlier order of this Court, forwarded the petitioner's representation to the police as though the 6th respondent had already obtained an order from this Court permitting the conduct of the temple festival. Such an understanding of the earlier order of this Court is incorrect. Accordingly, the impugned order is liable to be set aside and it is set aside.

7. When the matter was heard today, the petitioner and the 6th respondent were present before this Court. Both parties maintained that they intended to conduct the festival separately. However, it is not permissible for one group of a family or community to conduct the festival separately from the rival group. At the most, the learned counsel appearing for the petitioner and the 6th respondent made efforts to convince the parties, and both parties finally agreed to conduct the festival jointly from the vari (tax) collected from the 140 families, which is presently in the possession of the petitioner and the 6th respondent.

8. Having considered the agreement of the petitioner and the 6th respondent to conduct the festival jointly, there is no difficulty in directing the police to grant permission and provide protection for the festival, subject to the parties conducting the same jointly and without any hindrance.

9. During the course of the submissions, the learned counsel for the petitioner as well as the 6th respondent submitted that, in order to avoid any untoward incident, this Court may direct the petitioner and the 6th respondent to file an undertaking affidavit before the local police. Such undertaking would enable the police to take appropriate steps to ensure that the temple festival is conducted peacefully and carefully.

10. In addition to the petitioner, the following persons, whose names are referred to in the representation of the 6th respondent, are stated to be supporting the petitioner in this case, 1.Sankar, S/o. Kaathan; 2.Pandian, S/o. Makkappan; 3.Rajendran, S/o. Kuttar; 4.Rajkumar, S/o. Kuttar; 5.Sivanesan, S/o. Palani; and 6. Manikandan, S/o. Kalaiyarasan.

11. The petitioner assured this Court that the above six persons would also come forward to give an undertaking before the police that they would not cause any nuisance or disturbance during the conduct of the festival.

12. The submissions of both sides are recorded.

13. Hence, this writ petition is disposed of with a direction to the petitioner and the 6th respondent to conduct the temple festival scheduled to be held from 28.08.2026 to 30.08.2026.

14. The local police, namely, the 5th respondent, are directed to provide necessary police protection and to monitor the activities of the petitioner, the 6th respondent, and other persons in the area to ensure the smooth conduct of the festival.

15. In the event of any untoward incident occurring, the police shall be at liberty to proceed in accordance with law, after obtaining an undertaking from the petitioner, the petitioner's friends, and the 6th respondent.

16. The respondent police are directed not to collect any costs, in view of the DGP Circular, since the temple festival is being conducted for the public cause. Therefore, no costs shall be collected from the temple festival organisers.

17. The petitioner, the 6th respondent, and approximately 140 families belonging to the same community may participate in the festival, and no person shall interfere with or prevent the participation of members of the same community from the village. Consequently, connected Miscelleneous Petitions are closed.

 
  CDJLawJournal