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2026 DAILYLAW 3192 (MAD)

Koottalamoodu Arulmighu Bathreshwari Devasthanam v. The State of Tamilnadu

WP Crl.(MD)/2385/2026 · 2026-04-24

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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W.P.Crl.(MD)No.2385 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2385 of 2026 Koottalamoodu Arulmighu Bathreshwari Devasthanam, rep., by its Secretary, C.Rajkumar ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Kanyakumari. 2.The Superintendent of Police, Nagercoil, Kanyakumari District. 3.The Tahsildar, Killiyoor, Kanyakumari District, Kanyakumari. 4.The Inspector of Police, Pudhukadai Police Station, Kanyakumari District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 3 and 4 to grant necessary permission for further extension of time to conduct the programs of the temple festival beyond 10.00 pm., from 03.05.2026 to 12.05.2026 at Koottalamoodu Arulmigu Bathreshwari Amman Temple situated at Painkulam, Kanyakumari District by considering the representation of the petitioner dated 20.04.2026. 1/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2385 of 2026 For Petitioner : Ms.S.Raghaventhere for Mr.K.Jeyamohan For R1 & R3 : Mr.C.Satheesh Government Advocate (Civil side) For R2 & R4 : Mr.S.Ravi Additional Public Prosecutor ORDER Seeking to direct the respondents 3 and 4 to grant necessary permission for further extension of time to conduct the programs of the Temple Festival beyond 10.00 p.m., from 03.05.2026 to 12.05.2026 at 'Koottalamoodu Arulmigu Bathreshwari Amman Temple' situated at Painkulam, Kanyakumari District by considering the representation of the petitioner dated 20.04.2026, this writ petition is filed. 2.The learned counsel for the petitioner submitted that Koottalamoodu Arulmigu Bathreshwari Amman Temple is a 400-year-old temple where the annual festival is conducted for ten days continuously, and sought the indulgence of this Court to permit the conduct of various programmes from 03.05.2026 to 12.05.2026 beyond 10.00 p.m. 3.This Court carefully had perused the affidavit and the nature of the events to be conducted from 03.05.2026 to 12.05.2026. 2/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2385 of 2026 4.All the programmes mentioned in paragraph 3 of the affidavit, scheduled from 03.05.2026 to 11.05.2026, are in the nature of dramas, orchestras, dance shows and other entertainment activities, which can very well be concluded within 10.00 p.m. However, insofar as the programme scheduled on 12.05.2026, namely, Singari Melam and Display of Fire Work, is concerned, the same is permitted to be conducted up to 12.00 midnight. 5.In view of the above observations, this Court directs the petitioner temple to conclude the daily events of the aforesaid temple festival from 03.05.2026 to 11.05.2026 before 10.00 p.m. As far as the programme scheduled on 12.05.2026, namely, Singari Melam and Display of Fire Work is concerned, the petitioner temple is permitted to conduct the same till 12.00 midnight. It is made clear that the entire display of fireworks shall be wound up by 12.00 midnight. Accordingly, the Writ Petition is disposed of with the following directions:- (a) The petitioner temple is permitted to conduct programs from 03.05.2026 to 11.05.2026 upto 10.00 p.m., and the program on 12.05.2026 upto 12.00 midnight in 'Koottalamoodu Arulmigu Bathreshwari Amman Temple' situated at Painkulam, Kanyakumari District. 3/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2385 of 2026 (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 the aforesaid time limit; (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; (g) None of the songs or dances 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; 4/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2385 of 2026 (j) The attire of the dancers 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. 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. 24.04.2026 NCC : Yes / No Index : Yes / No Rmk Note: Issue order copy on 24.04.2026. 5/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2385 of 2026 TO:- 1.The District Collector, Kanyakumari District, Kanyakumari. 2.The Superintendent of Police, Nagercoil, Kanyakumari District. 3.The Tahsildar, Killiyoor, Kanyakumari District, Kanyakumari. 4.The Inspector of Police, Pudhukadai Police Station, Kanyakumari 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.2385 of 2026 L.VICTORIA GOWRI, J. Rmk Order made in W.P.Crl.(MD)No.2385 of 2026 Dated 24.04.2026 7/7 https://www.mhc.tn.gov.in/judis