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2026 DAILYLAW 22460 (MAD)

Silamban v. The District Collector

WP Crl.(MD)/1834/2026 · 2026-04-02

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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W.P.Crl.(MD)Nos.1834 and 1864 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)Nos.1834 and 1894 of 2026 and W.M.P.Crl.(MD).No.465 of 2026 W.P.Crl.(MD).No.1834 of 2026 Silamban ... Petitioner Vs., 1.The District Collector, Madurai District. 2.The Superintendent of Police, Madurai District. 3.The Deputy Superintendent of Police, Melur Sub Division, Melur Taluk, Madurai District. 4.The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District. 5.The Thasildar, Melur Taluk, Madurai District. 6.The Inspector of Police, Melavalavu Police Station, Madurai District. 7.Muthukrishnan 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 8.Malayalam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 6 to take action based on the representation given by the petitioner dated 23.03.2026 within the time stipulated by this Court. For Petitioner : Mr.S.Muthiah Poosari Amalan for M/s.TAmil Law Firm For R1, R4 & R5 : Mr.C.Satheesh Government Advocate (Civil) For R2, R3 & R6 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R7 & R8 : Mr.V.Vijayasethupathy W.P.Crl.(MD).No.1894 of 2026 V.Malaiyalam ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Election Returning Officer cum Revenue Divisional Officer, No.188, Melur Legislative Constitutions, Madurai District. 3.The Superintendent of Police, Madurai District, Madurai. 4.The Deputy Superintendent of Police, Melur Sub Division, Madurai District. 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 5.The Inspector of Police, Melavalavu Police Station, Madurai District. 6.The Sub Inspector of Police, Melavalavu Police Station, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings of the second respondent in Na.Ka.No.1783- Vi-108/Therthal/2026/C dated 28.03.2026 and quash the same as illegal arbitrary and without jurisdiction and consequential directing the respondents to consider the petitioner's representation dated 26.03.2026 and directing the respondents to grant and give adequate police protection on 12.04.2026 of Panguni Uthira Thiruvizha and Valli Thirumana Nadagam in Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District in accordance with law. For Petitioner : Mr.V.Vijayasethupathy For R1 & R2 : Mr.C.Satheesh Government Advocate (Civil) Mr.M.Sakthi Kumar (R3 to R6) Government Advocate (Crl.) COMMON ORDER W.P.Crl.(MD)1834 of 2026 is filed seeking to direct the respondents 1 to 6 to take action based on the petitioner's representation dated 23.03.2026 by 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 permitting the petitioner to participate in the temple festival of Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District are also to receive temple tax (jiyfl;L thp). W.P.Crl.(MD).No.1894 of 2026 is filed challenging the impugned order in Na.Ka.No.1783-Vi-108/Therthal/2026/C dated 28.03.2026 passed by the second respondent and also direct the respondents to grant adequate police protection on 12.04.2026 of Panguni Uthira Thiruvizha and Valli Thirumana Nadagam in Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District. 2.The learned Additional Public Prosecutor submitted that there is a possibility of dispute between two parties with respect to the mode of worship in the said village and therefore, it is not feasible to grant permission to the petitioners to conduct festival at all. He also pointed out that O.S.No.186 of 2025 is also pending before the learned District Munsif, Melur, with respect to the administration of said temple. Hence, he seeks dismissal of this petition. 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 3.However, the learned counsel for the petitioners in both the petitions submitted that they are willing to conduct a temple festival together and they have no objection in either parties participating in the temple festival. It is also fairly conceded by both the parties that Thiru.C.Malaiyalam, who is the petitioner in W.P.Crl.(MD).No.1894 of 2026, will organise the temple festival every year and the petitioner in W.P.Crl.(MD).No.1834 of 2026 has no objection with respect to the said Thiru.C.Malaiyalam, in organising the said temple festival this year also. It is also fairly conceded by both the parties that O.S.No.186 of 2025 is only with respect to the right of all the villagers of A.Vallalapatti Village to worship the said deity. 4.In view of the submissions made, the impugned proceedings in Na.Ka.No.1783-Vi-108/Therthal/2026/C dated 28.03.2026 passed by the second respondent in W.P.Crl.(MD).No.1894 of 2026 is hereby quashed. Thiru.C.Malaiyalam, who is the petitioner in W.P.Crl.(MD).No.1894 of 2026, is permitted to organise the temple festival in a routine manner. However, it is made clear that the petitioner, namely, Silamban, S/o.Chinnakarupan, and his family members should also be permitted to participate in the temple festival and worship the deity and also receive the temple tax(jiyfl;L thp) from all the persons related to the Silambam and Silamban. 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 5.Accordingly, these Writ Petitions are disposed of on the following conditions:- (a) The 'Vallithiruma Nadagam' is permitted to conduct on 12.04.2026 from 08.00 p.m., to 10.00 p.m., in Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District. (b) The organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted; (c) The program shall not extend beyond 10 p.m.; (d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise; (e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played; (f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held; 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 (g) None of the songs performed in the said programme shall exhibit any political tone, tenor, or colour, nor shall they relate to or promote any religion, community, or caste. (h) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads; (i) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination; (j) The person performing in the said programme should be modest and does not involve exposure of the midriff, thighs, legs or chest. Any violation of this condition shall result in legal action, including the arrest of the organisers and all members of the temple committee. (k) the Police is empowered to stop the programme, if it exceeds beyond the permitted time; (l) if any untoward incident takes place, the organizers of the programme be made responsible for the same; (m) the organizers shall have to obtain all other required permission from the authorities concerned; (n) Any other conditions as the authority concerned consider to impose according to the ground reality. 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible. No costs. Consequently, connected Miscellaneous Petition is closed. 02.04.2026 NCC : Yes / No Index : Yes / No Rmk Note: Issue order copy on 02.04.2026. 8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 TO:- 1.The District Collector, Madurai District. 2.The Superintendent of Police, Madurai District. 3.The Deputy Superintendent of Police, Melur Sub Division, Melur Taluk, Madurai District. 4.The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District. 5.The Thasildar, Melur Taluk, Madurai District. 6.The Inspector of Police, Melavalavu Police Station, Madurai District. 7.The Election Returning Officer cum Revenue Divisional Officer, No.188, Melur Legislative Constitutions, Madurai District. 8.The Sub Inspector of Police, Melavalavu Police Station, Madurai District. 9. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)Nos.1834 and 1864 of 2026 L.VICTORIA GOWRI, J. Rmk Order made in W.P.Crl.(MD)Nos.1834 and 1894 of 2026 Dated 02.04.2026 10/10 https://www.mhc.tn.gov.in/judis