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CDJ 2026 MHC 391 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. Crl. (MD) No. 6 of 2026
Judges: THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Parties : Keelatheru Uravin Murai Trust, Represented by its headman, S.Sekappan, Sivagangai Versus The Superintendent of Police, Sivagangai & Others
Appearing Advocates : For the Petitioner: N. Anantha Padmanabhan, Senior Counsel for S. Balaji Nivas, Advocate. For the Respondents: R1 to R3, A.S. Abul Kalaam Azad, Government Advocate (Criminal Side), R6 & R7, L. Shaji Chellan, R8, S. Bharathi Kannan, Advocates.
Date of Judgment : 12-01-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to provide necessary permission and police protection during the Thai Pongal festival to be held on 15.01.2026 & 16.01.2026 at Keelakacheri Koodam, Nerkuppai, Sivagangai District, based on the petitioner's representation dated 15.12.2025.)

1. This Writ Petition has been filed seeking a direction to the 2nd respondent to grant necessary permission and police protection for the Thai Pongal Festival to be held on 15.01.2026 and 16.01.2026 at Keelakacheri Koodam, Nerkuppai, Sivagangai District, based on the petitioner’s representation dated 15.12.2025.

2. The learned Senior Counsel appearing for the petitioner/Trust submitted that the petitioner/Trust is represented by one S.Sekappan, who is the Headman of Nerkuppai Village. In order to celebrate the Thai Pongal Festival, the members of the Trust have decided to conduct the Thai Pongal Festival on 15.01.2025 at Keelakacheri Koodam and the Mattu Pongal Festival on 16.01.2025 at Adaikalam Kathaar Kovil Street, Naalu Veetar Street, Palanikovil Street, and Naalanjchandhu Keelakacheri Periya Veedhi. It is submitted that the respondent Nos.4 to 8 are unlawfully restraining the members of the Trust from celebrating the Thai Pongal Festival at Keelakacheri Koodam. It is further submitted that the petitioner/Trust claims ownership over the Trust properties and a copy of the patta substantiating the Trust’s lawful possession and title has been annexed. Furthermore, the petitioner/Trust has already instituted a suit in O.S.No.65 of 2025, which is pending on the file of the Principal District Munsif-cum-Judicial Magistrate, Thiruppathur, seeking a decree of permanent injunction restraining the defendants from illegally interfering with the peaceful management and activities conducted at Keelakacheri Koodam.

3. He further submitted that the pendency of the civil suit does not act as a bar or restraint against the Trust’s long-standing tradition of celebrating the Thai Pongal Festival annually. The Trust maintains a collaborative stance and has no objection to the participation of the opposing respondents. In order to ensure communal harmony and to prevent any dispute over precedence, the celebration shall be conducted without granting “First Honour” to any specific individual. With regard to this, the petitioner/Trust has already submitted a detailed representation dated 15.12.2025 to respondent Nos.1 to 3 seeking police protection. However, till date, no action has been taken. Hence, the present petition.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. The rival group has filed W.P.Crl.(MD)No.198 of 2026 wherein this Court has passed the following order:

                   “3. It is submitted that there are a total of 275 families in the petitioner’s village. Out of the said 275 families, 145 families are supporting the petitioner, while the remaining 135 families are supporting another group which is a Trust. The said calculation is incorrect, since by totaling it is not 275 families. Further the Trust claims ownership over the trust properties. Even though the petitioner claims that he is supported by 145 families, the same cannot be considered since the petitioner is an individual and not respecting any registered body. In such circumstances, the petitioner cannot be permitted to keep Pongal in the Trust properties.

                   4. Having regard to the facts and circumstances of the case and in order to facilitate the conduct of the festival, the petitioner is directed to make a fresh representation before the first respondent forthwith. The first respondent is directed to consider the said representation on merits and in accordance with law and to allocate a place other than the trust property. The date and time for conducting the said festival shall also be fixed by the first respondent. It is made clear that the petitioner and the families who are alleged to be supporting the petitioner shall not disturb the other group and its properties, who have registered trust.”

6. Initially the petitioner had filed the present writ petition in his private capacity. Thereafter had filed amendment application to represent as trustee. The same was allowed.

7. Since the petitioner is a Trust, then the Trust is entitled to celebrate the Pongal festival in its own property. Further the rival group is restrained from celebrating in the trust property. Therefore, the respondent shall grant permission to the petitioner trust and its members to celebrate in the trust properties on 15.01.2026 itself.

8. Hence, this Court hereby directs the 2nd respondent to grant permission to the trust as per the above direction forthwith.

9. With the above directions, this Writ Petition is disposed of.
 
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