W.P.Crl.(MD)No.1089 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.1089 of 2025 N.Periyasamy ... Petitioner Vs. 1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Trichy District, Trichy. 3.The Inspector of Police, Manaparai Police Station, Trichy District. ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to give permission for the temple festival of Arulmigu Sri Rajakali Amman Temple, scheduled to be performed from 29.08.2025 inauguration of festival and consequent main festival on 07.09.2025 to 09.09.2025 and give adequate police protection for the same and the 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 connected event Vallithirumanam drama on 09.09.2025 at Kalaththupatti village, Manaparai Taluk, Trichy District by considering the petitioner’s representation dated 02.08.2025. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate(Crl.side) For Intervenor : Mr.P.Rajalingam Mediator : Mr.J.Vimal Pandian ORDER The petitioner has approached this Court seeking a direction to the respondent Police to grant permission and Police protection to conduct temple festival of Arulmigu Sri Rajakali Amman Temple, situated at Kalaththupatti village, Manaparai Taluk, Trichy District from 07.09.2025 to 09.09.2025 and consequent event of Vallithiurmanam drama on 09.09.2025. 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 2.The learned counsel appearing for the intervenor submits that they have not been provided any with representation during the temple festival. 3.The learned counsel appearing for the petitioner submits that the right of the intervenor, if any, has to be claimed only before the appropriate forum and not before this forum and they are not preventing anybody to worship in the temple and the intervenor is having separate temple. He further submits that though he has submitted the representation on 02.08.2025, for conducting ‘Valli Thirumana Nadagam on 09.09.2025, the same has not been processed and therefore, the petitioner filed the present petition. That apart, the petitioner also assures that the programme will be conducted without any law and order problem. In the event, if any law and order problem arises, the petitioner undertakes to take responsibility for the same. The 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 learned Counsel for the petitioner also submits that they are ready to do some social service to the Local Village Pancahayat, by paying a sum of Rs.25,000/- for the purpose of desilting a water body in the village. He also submits that the petitioner also undertakes to deposit a sum of Rs.5,000/- each to the Police personnel for providing protection. 4.Considering the rival submissions, this Court referred this matter to the mediation and also appointed Mr.J.Vimal Pandian, learned counsel as Mediator. The Mediator has filed his report and submits that the mediation failed. 5.This Court has considered the submissions made on either side and perused the available records. 6.This Court is of the view that the village festivals are not ordinary festivals with ordinary rituals. These festivals are conducted time immemorial every year on a particular day. 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 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 and no one can be discriminated in offering the prayers in the temple. 7.Considering the above facts and circumstances and also considering the undertaking given by the petitioner that he will be responsible for the law and order problem if any arises and he is prepared to do some social service by paying a sum of Rs.25,000/- to the Local Village Panchayat for the purpose of desilting a water body in the village, this writ petition is disposed of with the following directions:- i.The third respondent Police shall consider the case of the petitioner and also shall ensure that that no one is 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 discriminated during the festival and no one is prevented from offering their prayers. ii.The petitioner shall ensure that everyone is permitted to participate in the temple festival. Representation, if any, has to be decided only before the competent civil forum and this Court is not deciding this issue. iii.The petitioner shall pay a sum of Rs.25,000/- (Rupees twenty five thousand only) to the Local Village Pancahayat for the purpose of desilting a water body in the village. iv.The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Tamil Nadu Police Benevolent Fund for Police protection. v.On production of receipt of payment to the Village Panchayat and Tamil Nadu Police Benevolent Fund for Police 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 Protection, the second respondent Police shall grant permission for conducting the Valli Thirumana Nadagam on 09.09.2025 as per the circular of the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in Rc.No.007301/General I(I)/2019, dated 09.04.2019. vi.The fourth respondent Police shall depute a minimum of two Police personnel (Preferably one male and one female) for Police protection. It is the duty and responsibility of the deputed Police personnel that the conditions imposed are followed in its letter and spirit. vii.The third respondent Police shall ensure that the amount of Rs.25,000/- paid by the petitioner to the Local Village Panchayat is used for desilting a water body in the Village. 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 viii.The Special Officer of the Village Panchayat and the third respondent Police shall file a report before this Court as to the compliance of desilting work in the water body. There shall be no order as to costs. 28.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gns 8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 To 1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Trichy District, Trichy. 3.The Inspector of Police, Manaparai Police Station, Trichy District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6.The Special Officer, Kalaththupatti village, Manaparai Taluk, Trichy District. 9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1089 of 2025 B.PUGALENDHI, J. gns W.P.Crl.(MD)No.1089 of 2025 28.08.2025 10/10 https://www.mhc.tn.gov.in/judis