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2026 DAILYLAW 55392 (MAD)

P.Sundaramoorthy v. State of Tamil Nadu rep. by the Superintendent of Police

WP Crl.(MD)/4089/2026 · 2026-07-23

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD) No.4089 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD).No.4089 of 2026 and W.P.M.P.Crl.(MD)No.989 of 2026 P.Sundaramoorthy ....Petitioner Vs 1. State of Tamil Nadu, Rep. by The Superintendent of Police, Madurai District. 2. The Deputy Superintendent of Police, Office of the Superintendent of Police, Thirumangalam Sub Division, Madurai District 3. The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam (TK), Madurai District. .....Respondent(s) Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 3rd respondent in Na.Ka.No.10/Ka.Aa.Na.Va/2026 dated 16.07.2026, quash the same and consequently direct the respondents to grant permission to 1/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 conduct the Keda Muttu Festival on 02.08.2026 in the guise of “Arulmigu Sri Sundaraja Thirukovil” temple at Rajathani Oorandu Urappanur Village, Thirumangalam Taluk, Madurai District. For Petitioner : Mr.S.Ramsundarvijayraj, For M/s.Veera Associates For Respondents : Mr.D.Rajaboopathy Government Advocate(Crl.Side) ORDER The present Writ Petition has been filed seeking a direction to the respondents to quash the impugned order of the 3rd respondent in Na.Ka.No.10/Ka.Aa.Na.Va/2026 dated 16.07.2026 and consequently direct the respondents to grant permission to conduct the Keda Muttu Festival on 02.08.2026 in the guise of “Arulmigu Sri Sundaraja Thirukovil” temple at Rajathani Oorandu Urappanur Village, Thirumangalam Taluk, Madurai District 2. This Court has already considered the said issue of Kida- Muttu in several writ petitions. In the order passed by this Court in W.P.(MD)No.16489 of 2025, dated 18.06.2025, this Court has held 2/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 that the same may be permitted based on certain conditions. The relevant portion of the order is extracted hereunder: "3. This Court is of the considered opinion that the event can be permitted to be held subject to appropriate conditions. The second respondent is directed to issue appropriate proceedings granting permission for conducting of the event. It is open to the second respondent to stipulate appropriate conditions. The petitioner is obliged to adhere to the same. If any objection is raised by a third party, such objection shall also be duly considered before passing the order. The function is to be held on 26.06.2025. Hence, the proceedings as sought for shall be issued within a period of one week from the date of receipt of a copy of this order. Since the Sangam intends to conduct the said cultural event, the petitioner Sangam is directed to deposit Rs.5,000/- (Rupees Five Thousand only) to “The Head Master, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in the South Indian Bank Ltd., Sourashtra Colony, Meeatchi Nagar, Sakkimangalam, Madurai – 625 201 Account No. 0733053000000794 IFSC No.SBIL0000733. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under “Namakku Naame” Scheme." 3/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 3. This Court has also considered the said issue in the order passed in W.P.(MD)No.15410 of 2024, dated 11.07.2024, wherein the Learned Single Judge has held that since it is conducted annually from time immemorial, the same may be allowed based on certain conditions. 4. The Hon'ble Division Bench of this Court in the order passed in W.P.(MD) No.9597 of 2025, dated 04.04.2025, has also considered the same and granted permission with conditions. The conditions stipulated in the said order are extracted hereunder: "2.A similar Writ Petition was filed before this Court praying for a direction to conduct Kida Muttu, in WP(MD) No.528/2022 and this Court disposed of the said Writ Petition on 11.01.2022. The relevant paragraphs are extracted hereunder: “6.This Court, in Similar circumstances, allowed W.P. (MD).No.10771 of 2013 by order dated 05.07.2013 permitting cock~fight, imposing certain conditions. Following the said order the second respondent is directed to grant permission to the petitioner to conduct -Kida~Muttu- event on 22.01.2022 at Mamarthupatti, Madurai District, subject to the following conditions:~ 4/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 (i) The -Kida~Muttu- event to be held on 22.01.2022 shall be supervised by the third respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital. (ii) During the course of conducting -Kida~Muttu-, it is to be ensured that there should not be any injury caused to the goats, involving in the event, and the goats should not be intoxicated with any alcoholic substance and to knives should be tied around the legs, horns of the goats, with the tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before starting of the event. (iii) The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor. (iv) It is made clear that the organizers should take all precautionary measures to avoid any untoward incident while conducting the event of Kida-Muttu-. (v) The second respondent while issuing the proceedings permitting the holding of the event shall stipulate appropriate conditions for adhering to Covid~19 protocol. I make it clear that the order has been passed in this writ petition based on the position obtaining today. It is of~course open to the second respondent to take a call, if any further lock down restriction is imposed by the Government. (vi) All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner 5/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 shall file an affidavit of undertaking to the said effect before the second respondent.” 5. Following the same, the 3rd respondent is directed to issue proceedings permitting the petitioner to hold the event by incorporating appropriate conditions as stated supra. Further, the petitioner is directed to furnish veterinary certificate, revenue certificate, fire safety certificate, electricity certificate and landlord no-objection certificate. 6. With the above observations, this Writ Petition is disposed of. Consequently connected miscellaneous petition is closed. 23.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml Note: Issue order copy on 23.07.2026. 6/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 To 1. The Superintendent of Police, Madurai District 2. The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District 3. The Inspector of Police, Thirumangalam Town Police Station, Madurai District. 4. The Addl. Public Prosecutor Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.4089 of 2026 L.VICTORIA GOWRI, J. Sml WP.Crl.(MD)No.4089 of 2026 23.07.2026 8/8 https://www.mhc.tn.gov.in/judis