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2025 DAILYLAW 152882 (MAD)

C. Chokkalingam v. The Superintendent of Police

WP Crl.(MD)/710/2025 · 2025-07-28

B Pugalendhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.710 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025 CORAM THE HONOURABLE MR.JUSTICE B.PUGALENDHI Writ Petition Criminal (MD) No.710 of 2025 C.Chokkalingam ..Petitioner Vs 1.The Superintendent of Police, Manamadurai, Sivagangai District. 2.The Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, Devakottai Taluk, Sivagangai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to give protection and permission to the temple festival namely, Pongal festival to the Sri Karuppar, Sri Kaliyamman Temple, situated at 20/9, Kottavayal Village, Kandadevi circle, Devakottai Taluk, Sivagangai District, to be conducted on 29.07.2025 by considering the representation dated 10.07.2025. 1/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 For Petitioner : Mr.K.R.Laxman For Respondents : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor (for R1 and R2) For Intervenor : Mr.Mohammed Imran ORDER The petitioner has filed this writ petition seeking a Writ of Mandamus directing the respondents to provide protection and permission for the Pongal festival to be performed in Sri Karuppar, Sri Kaliamman Temple situated at Kottavayal Village, Kandadevi Circle, Devakottai Taluk, Sivagangai District. 2. The learned counsel for the petitioner submits that the Pongal festival is scheduled to be conducted for this temple at Kottavayal village on 29.07.2025. They made a request for permission and for police protection to conduct the festival that was not provided. Therefore, the petitioner is before this court. 3. The learned Additional Public Prosecutor submits that there are two groups in the village, and therefore, apprehending a law and order problem, they have not provided any protection or permission as requested by the petitioner. 2/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 4. Mr.H.Mohammed Imran, learned counsel, sought permission of this court to file an intervening application and requested an adjournment. He submitted that his client is having a claim of conducting a separate Pongal festival. For that, they have also made a request to the respondent police. 5. The learned counsel for the petitioner submits that 29.07.2025 is the auspicious day on which the Pongal Festival has to be conducted, and hence, he seeks an order by today. Therefore, this court advised the counsels to have a talk with their respective clients and to come up with a proposal. 6. The learned counsels have come with a proposal and submit that the proposed parties, the Senthilkumar group, who are intending to intervene in this application, will perform the festival from 10.00 a.m. to 2.00 p.m. Therefore, the learned counsel for the petitioner submits that they will conduct the Pongal Festival without disturbing Senthil Kumar's group either in the morning or in the afternoon after their performance without disturbing the pongal festival to be offered by Senthil Kumar's group. 3/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 7. The learned Additional Public Prosecutor submits that if the parties are having an amicable arrangement, the respondent police is ready to provide permission and police protection. 8. This court considered the rival submissions of either sides. 9. The village 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 very object of the festival itself is defeated. However, in this case, since the petitioner and the 4/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 proposed parties have arrived at an understanding on the intervention of the counsels who are appearing for the petitioner and the intervener, this Court is inclined to pass the following orders: 10. The petitioner group shall conduct the pongal festival and pooja from 05.00 a.m to 10.00 a.m., and the Senthil Kumar Group/intervener group shall conduct the pongal festival and perform the pooja from 10.30 a.m. to 02.00 p.m. The respondent police shall grant permission for conducting the said festival. 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 account. If the applicants are ready to provide Rs.5000/- for each police constable, the respondent police may provide the protection for performing the festival peacefully. 11. With the above observations, this writ petition stands disposed of. 28.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn Note : Issue order copy on 28.07.2025 5/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 To 1.The Superintendent of Police, Manamadurai, Sivagangai District. 2.The Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, Devakottai Taluk, Sivagangai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.710 of 2025 B.PUGALENDHI, J. skn Writ Petition Criminal (MD)No.710 of 2025 28.07.2025 7/7 https://www.mhc.tn.gov.in/judis