logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MHC 769 print Preview print print
Court : High Court of Judicature at Madras
Case No : W.P. No. 2563 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : Shanmugam Udayar & Others Versus District Collector, New Collectorate Building, Cuddalore & Others
Appearing Advocates : For the Petitioner: G. Surya Narayanan, Advocate. For the Respondents: R1, R2, R3 & R7, S. Senthil Murugan, Special Government Pleader, R4, R5 & R6, S. Ravichandran, Special Government Pleader, R8, J. Subbiah, Government Advocate.
Date of Judgment : 29-01-2026
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, direct the 1st to 3rd respondents along with 8th respondent to consider the representation of the petitioner dated 10.12.2025 to conduct the Ther procession of the Temple by name Arulmigu Varadaraja Perumal Thirukoil, Avatti Village, Tittagudi Taluk, Cuddalore District on all the festival days through the route as indicated by the petitioner within the time frame fixed by this Court.)

1. This writ petition is filed with a prayer to issue writ of mandamus, directing the respondents 1 and 3 along with 8th respondent to consider the representation of the petitioners dated 10.12.2025 to conduct the Ther procession of the Temple by name Arulmigu Varadaraja Perumal Thirukoil, Avatti Village, Tittagudi Taluk, Cuddalore District on all the festival days through the route as indicated by the petitioners within the time frame as fixed by this Court.

2. Upon hearing the learned counsel for the petitioners and perusing the affidavit filed in support of this writ petition and other material records of the case, the grievance of the petitioners is that the temple is an age old temple worshipped by the devotees of all walks of life. The temple has a calender of festivals and on many occasions, Ther procession, used to come through the particular route namely, the Raja Veedhi-Nadu Veedhi East Street-South Street West Street and again Veedhi Ula will come back to the temple. While so, claiming that the Veedhi Ula should also come to the North Street, certain set of people created problem and they also approached the Division Bench of this Court, which categorically rejected their prayer and said that it is for the Authorities to decide. The Authorities without deciding the issue and conducting the Veedhi Ula, are not permitting the Veedhi Ula in toto and therefore, the petitioners are before this Court.

3. It is also brought to the notice by the petitioners that the 3rd party also filed a writ petition viz., W.P.(Crl)No.535 of 2025, in which, an order dated 14.08.2025 is also passed.

4. When the matter came for admission, the learned Special Government Pleader appearing on behalf of the respondents/Authorities would submit that, even though the village has grown, several people are residing in several streets. As far as the Veedhi Ula is concerned, the same will go as per the traditional route. The Authorities agree that the route as mentioned by the petitioners are only the correct route and the Veedhi Ula, if at all to be conducted will be conducted only in that route and it is not possible to go every street. But, however they submit that in view of the dictum in the earlier writ petition in W.P.(Crl) No.535 of 2025, since there is a law and order problem as all the groups in the village are not agreeing, the Veedhi Ula is not being conducted.

5. It is submitted that the last Peace Committee Meeting was conducted in the month of November 2025, in which no amicable resolution could be arrived at.

6. In reply, the learned counsel for the petitioners submits that subsequently some of the persons who are opposing also agreed and the situation has improved. In any event, the respondents have to conduct a Peace Committee Meeting and try to conduct the festival as far as possible and they cannot eternally stop the festival by citing the law and order problem.

7. I have considered the rival submissions made on either side and other material records of the case. Even though, the petitions are filed by different different persons, there are earlier orders passed with reference to the very same temple and the very same issue and therefore, it is just and necessary to go by the said orders passed by this Court. When a claim was made on behalf of the residents of the North Street, the Division Bench of this Court in W.P.No.7895 of 2025, dated 27.03.2025 passed an order stating that the relief prayed for by the said petitioners cannot be granted. But, however, the Temple Authorities and the respective Collector and Police will only consider the issue and take a decision considering the ground reality. Therefore, it is for the Authorities to decide on the route, in which, the Veedhi Ula should be conducted.

8. Today, written instruction is placed on record stating that it should go in the traditional route as claimed by the petitioners. Therefore, that issue is resolved. Thereafter, the writ petition was filed by yet another 3rd party namely, P.Nagarajan and an order dated 14.08.2025 in W.P.(Crl.)No.535 of 2025 was passed. In the said order, this Court had held that when there is a likelihood of law and order problem arising in the area, permission cannot be granted. If only all the groups agree for an amicable settlement to conduct the procession in a peaceful manner and the same shall be considered by the Authorities.

9. In view thereof, the decision taken sofar by the Authorities since the earlier Peace Committee Meeting, there was no amicable resolution cannot be found fault with. But, the learned counsel for the petitioners submits that the situation has somewhat improved and if the Fresh Peace Committee Meeting is conducted, there is a likelihood of an amicable resolution also.

10. In view thereof, this writ petition is disposed of on the following terms:

(i) The Authorities shall once again convene a Peace Committee Meeting involving everyone, within a period of two (2) months from the date of receipt of the webcopy of the order and if there is any amicable resolution as ordered in the earlier writ petition in W.P. (Crl.)No.535 of 2025, dated 14.08.2025, the Ther Veedhi Ula can be resumed.

(ii) No costs.

 
  CDJLawJournal