(Prayer: Petition filed under Article 226 of the Constittuion of India praying for issuance of a writ of certiorarified mandamus, calling for the records leading to the issue of the proceedings dated 03.09.2026 bearing Na.Ka.No.2799/2026/A1 passed by the second respondent and quash the same and consequently grant permission to conduct the 35th year Sri Krishna Jayanthi festival and the events at the Arulmigu Sri Prasanna Venkatesa Perumal Temple on 04.10.2026 under the supervision, regulation and protection of the respondents 2 to 5.)

1. The prayer in the writ petition is to call for the records relating to the proceedings dated 03.09.2026 passed by the second respondent, quash the same, and consequently grant permission to conduct 35th year Sri Krishna Jayanti festival and its events at the Arulmigu Sri Prasanna Venkatesa Perumal Temple on 04.10.2026 under the supervision, regulation, and protection of the respondents 2 to 5.

2. Considering the nature of the allegations made, the Joint Commissioner of HR&CE Department, Kancheepuram and the Assistant Commissioner of HR&CE Department, District Collectorate Campus, Kancheepuram, are suo motu impleaded as respondents 7 & 8 in the writ petition. Mr.Veerabathran Prasanth, learned Government Advocate takes notice for the newly impleaded respondents 7 & 8.

3. Upon hearing the learned counsel for the petitioner, it is their case that the temple situated in Venkatapuram village is a traditional temple where the Sri Krishna Jayanti festival has traditionally been celebrated and the Veedhi Ulla (procession) of the idol of Sri Krishna has been conducted. While so, the private respondent has objected just for the sake of objection on account of caste differences. Now, by citing law and order issues, an order has been passed as if a dispute exists between Group A and Group B and under the guise of the maintaining law and order situation, the festival is being stopped. Since the festival is scheduled to be conducted on 04.10.2026, the petitioner has approached this Court.

4. Per contra, Mr.M.Senthamizh Selvam, learned Additional Government Pleader taking notice on behalf of the respondents 1 to 3 would submit that the private respondent herein, namely Ravichandran, had earlier filed W.P.No.36349 of 2026 and an order was passed therein in the admission stage itself on 07.09.2026 without notice to the present petitioner stating that since the temples are non-listed temples, whether the temples are under any scheme or whether any persons are in management all should be seen only by the HR&CE Department and directed the Assistant Commissioner to inspect the temple, hear both sides, make a decision, and recognize the proper person entitled to conduct proper festival that is prevailing. The other authorities were directed to maintain only the law and order. In view thereof, the Assistant Commissioner inspected the premises and submitted a report. Since there was a law and order issue, the impugned order was passed under the provisions of BNSS to maintain law and order.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. In view of the nature of the order passed in W.P.No.36349 of 2026, the following order was passed at the admission stage without notice to the present petitioner, who was the sixth respondent in that writ petition. The directions in paragraph No.3 of the said order reads as follows:

                     “3. It can be seen that these temples are not listed temples at present, or not under any scheme or not under management by persons duly appointed by the HR&CE Department. In view thereof, if there is any dispute with reference to the rights of the parties, the petitioner or any person who is aggrieved shall approach the fifth respondent, who shall then immediately consider the representation and take steps to celebrate the festival by recognising the proper person to conduct the festival. Due applications in that regard can be received, and the conduct of the festival can be ordered to be considered. As far as the role of the respondents 1 to 4 are concerned, their role is to maintain law and order. If and when any complaint relating to law and order is received, immediate action shall be taken by them to maintain the law and order. Therefore, it will be open for the petitioner to make a representation within a period of one week from the date of receipt of a web copy of the order. Upon receipt, the Assistant Commissioner, HR&CE shall immediately consider the same and make an inspection to the temples and pass necessary orders with reference to the conduct of festivals.”

7. Thus, if any person is already recognized to be in the management of the temple and any ceremony is already recognised, the said ceremony can be conducted. The Assistant Commissioner, pursuant to the directions of this Court, conducted an inspection and submitted that both sides are claiming rights and that he is not in a position to decide the matter and he has once again turned to the law enforcement agencies to maintain law and order. Under that scenario, the question now is, who is entitled to conduct the festival. Secondly, what is the nature of the festival, whether it is a Veedhi Ulla, Uriyadi or both things have to be considered.

8. These are the matters that squarely fall under section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and it is for the Joint Commissioner to decide the same. Since two groups are fighting on the basis of a non-existing concept called ‘caste’, the Joint Commissioner can decide the issue on the basis of the merits, without reference to caste. The petitioner or the private respondent herein, whoever claims any right to perform whatever the festival events, can make an application before the jurisdictional Joint Commissioner of HR&CE Department. The issues with reference to who is entitled to manage the temple, what ceremonies are to be conducted, and whether any traditional rights with reference thereto, can all be decided by the Joint Commissioner in accordance with law. Ultimately, the festival shall be conducted depending on the final orders passed by the Joint Commissioner.

9. In the meanwhile, since it is stated by the Assistant Commissioner that the temple is in a dilapidated condition, a due inspection shall be made by the authorities, and all necessary steps to protect the temple and its structure be undertaken. As and when the application is filed before the Joint Commissioner, notice shall be issued to both sides and the issue shall be decided as expeditiously as possible in any event, not later than four months from the date of receipt of the application.

10. With the above observations and directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.