Arulmighu Sri Sakthi Pothi Madasamy Kovil, v. The District Collector
WP Crl.(MD)/517/2025 · 2025-08-08
B Pugalendhi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 150563 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150563 (MAD) · dailylaw.ai ]
Judgment text
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W.P.Crl.(MD)No.517 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.517 of 2025 Arulmigu Sri Sakthi Pothi Madasamy Kovil, represented by its Administrator S.Ramasamy, Chinnathambi Nadarpatti, Kallorani, Pavoorchatram, Tenkasi District. ... Petitioner versus 1.The District Collector, Tenkasi District, Tenkasi. 2.The Superintendent of Police, Tenkasi District, Tenkasi. 3.The Deputy Superintendent of Police, Alangulam, Tenkasi District. 4.The Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tenkasi District. 5.Ramarselvan
... Respondents 1/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025 Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of of Mandamus, directing the respondent Nos.1 to 4 to grant due permission and police protection to the petitioner to celebrate Aadi Kodai Vizha Festival by performing special poojas, offerings such as paalkudam, kidavettu accompanied by customary mangalaisai of mela thalam, villupattu by installing micset on 17.07.2025 and 18.07.2025 in Arulmigu Sri Sakthi Pothi Madasamy Temple in Chinnathambi Nadarpatti, Pavoorchatram, Tenkasi District and to ensure peaceful worship by the villagers. For Petitioner : Mr.N.Shyllappakalyan, For R1 : Mr.F.Deepak, Special Government Pleader For R2 to R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R5 : Mr.P.Vadivel
ORDER The petition has been filed for a Mandamus, directing the respondent Nos.1 to 4 to grant permission and police protection to celebrate Aadi Kodai Vizha Festival on 17.07.2025 and 18.07.2025 in Arulmigu Sri Sakthi Pothi Madasamy Temple in Chinnathambi Nadarpatti, Pavoorchatram, 2/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025 Tenkasi District. 2. The learned counsel for the fifth respondent raised objections, contending that the petitioner, by filing this Writ Petition, is attempting to create a record as if he is in administration of the temple. 3. The learned counsel for the petitioner submitted that he is indeed in administration of the said temple, however, he undertakes that he will not claim any right of administration merely by virtue of the order permitting him to conduct the temple festival. 4. The grievance of the learned counsel for the fifth respondent is that the temple belongs to six villages, and all of them should be given equal representation and be allowed to participate in the festival in a uniform manner. It is further submitted that if the permission is granted for conducting the festival, it cannot be taken advantage of by any party as a basis to claim any right of administration over the temple. 3/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025
5. The learned Additional Public Prosecutor would submit that if the parties are having an amicable arrangement, the respondent Police is ready to provide permission and Police protection. 6. This Court has considered the rival submissions of either sides. 7. The village aadi kodaivizha festivals and the pongal festivals are not ordinary festivals with ordinary rituals. These festivals are conducted time immemorial every year on a particular day. The intention of these festivals is to unite the people and to perform festivals jointly. These festivals are organized in order to develop harmony among the people in the village. However, unfortunately, due to the ego clash between a few individuals in the village, there are litigations even for conducting festivals and performing poojas for the devotees. Even in the village, where the population is 100 or 200, they are divided into two groups, and they are also quarrelling with each other and filing several litigations before this court, and this Court has witnessed several such litigations.
This Court is of the view that when there is no unity in the village and there is no understanding between the people, there is no necessity for conducting any festival. The 4/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025 very object of the festival itself is defeated. However, in this case, since the petitioner and the fifth respondent have arrived at an understanding, this Court is inclined to pass the following orders:
8. The respondent Police shall grant permission for conducting the said festival, subject to such conditions as may be imposed. However, they need not provide any Police protection. If any of the group require police protection, they may apply for it separately by depositing a sum of Rs.5,000/- to the credit of the Police Station's account. If the applicants are ready to provide Rs.5,000/- for each Police Constables, the respondent Police may provide the protection for performing the festival peacefully. 9. With the above observation and direction, this Writ Petition stands
disposed of. No costs. 08.08.2025
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. Indu 5/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025 To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Superintendent of Police, Tenkasi District, Tenkasi. 3.The Deputy Superintendent of Police, Alangulam, Tenkasi District. 4.The Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tenkasi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis
W.P.Crl.(MD)No.517 of 2025 B.PUGALENDHI, J. Indu W.P.Crl.(MD)No.517 of 2025 08.08.2025 7/7 https://www.mhc.tn.gov.in/judis