logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 MHC 5789 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : WP. No. 31908 of 2026 & WMP. No. 35098 of 2026
Judges: THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Parties : Sivakumar Ramasamy & Others Versus The District Collector, Cuddalore & Others
Appearing Advocates : For the Petitioners: Adith Narayan Vijayaraghavan, Advocate. For the Respondents: R1 & R2, P. Elayaraj Kumar, Special Government Pleader, R6, V. Chandraprabu, Special Government Pleader (HR & CE), R3 to R5, Durai Gunasekaran, Government Counsel (Crl.Side).
Date of Judgment : 11-08-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the Respondents to grant adequate police protection for the peaceful conduct of the Aadi Thiruvizha in Arulmigu Muthu Mariamman Temple in Thethambattu, Cuddalore District, from 13.08.2026 to 15.08.2026.)

1. This Writ Petition has been filed seeking a direction to the respondents to provide adequate police protection for the peaceful conduct of the annual Aadi Thiruvizha at Arulmigu Muthu Mariamman Temple, situated at Thethambattu, Cuddalore District, scheduled to be held from 13.08.2026 to 15.08.2026.

2. The learned counsel appearing for the petitioners submitted that the petitioners are residents of Thethambattu Village, Cuddalore District, and devotees of Arulmigu Muthu Mariamman Temple. It is submitted that the annual observance of the Aadi Thiruvizha at the said temple constitutes a longstanding religious custom of the village residents. As per established custom, no individual is entitled to assert any exclusive right over the conduct of the festival, especially in the absence of any lawful authority vested in them as an administrator or trustee.

3. The learned counsel further submitted that the office of the trustee and administrator of the temple was originally held by the late Mr. P. Gandhi Selvaraj. Following his demise, his sibling, Mr. T. P. Rajendran, was appointed as the permanent trustee of the temple on 26.06.2022 by way of a Trustee Appointment Deed. While so, a third party named Alexander, S/o Gunabalan, who holds no authority or decision-making power regarding the affairs of the temple, has been falsely proclaiming himself to be its administrator by virtue of a fraudulent Trust Deed dated 30.10.2025. Relying on these falsified documents, he has been obstructing the peaceful conduct of the upcoming festival. Furthermore, he has issued a notice to the 6th respondent attempting to bring the temple under the control of the Hindu Religious and Charitable Endowments (HR & CE) Department by appointing an Administrative Officer, under the false allegation that Mr. T. P. Rajendran created fabricated documents to usurp the administration.

4. Under these circumstances, the residents of Thethambattu Village have unanimously resolved to conduct the Aadi Thiruvizha of the temple peacefully and collectively from 13.08.2026 to 15.08.2026 in accordance with longstanding customs and traditions. To that effect, representations were submitted by the petitioners to the respondents on 13.07.2026 and 23.07.2026 seeking police protection to prevent potential law and order issues. Since the said representations have not been considered or disposed of, the petitioners have approached this Court.

5. The learned Government Advocate (Criminal Side) appearing for the respondents submitted that adequate police protection will be provided to the temple for the smooth conduct of the Aadi Thiruvizha.

6. Heard both sides and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case, the 6th respondent is directed to conduct an enquiry into the veracity of the claims asserted by the said Alexander, S/o Gunabalan. The enquiry shall specifically examine his sudden interference in the temple affairs based on an alleged Trust Deed, given the petitioners' contention that he is merely a villager and a stranger to the lawful temple administration. Upon conclusion of the enquiry, the 6th respondent shall take appropriate action in accordance with law against any persons found to be illegally interfering with the management and affairs of the Temple.

8. The respondents 3 to 5 are directed to provide adequate police protection for the peaceful conduct of the Aadi festival, as prayed for by the writ petitioners.

9. In the event of any clash or dispute arising between the groups, the 6th respondent is directed to step in, supervise the conduct of the festival, and ensure its completion strictly in accordance with law.

10. With the above directions, this Writ Petition stands disposed of. No costs. No costs. Consequently connected miscellaneous petition is closed, subject to payment of separate Court Fee.
 
  CDJLawJournal