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2026 DAILYLAW 58700 (MAD)

P.Kumar v. The District Collector

WP Crl.(MD)/4275/2026 · 2026-07-29

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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W.P.Crl.(MD)No.4275 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.4275 of 2026 P.Kumar ... Petitioner Vs. 1. The District Collector, District Collectorate, Virudhunagar District. 2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 3. The Tahsildar, Kariapatti Taluk, Virudhunagar District. 4. The Superintendent of Police, District Police Office, Virudhunagar District. 5. The Deputy Superintendent Of Police, Aruppukottai Sub- Division, Virudhunagar District. 6. The Inspector of Police, Aaviyur Police Station, Virudhunagar District. 7. M.Ponnukalai ... Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents, particularly respondents 4 to 6 to provide adequate police protection for the peaceful conduct of the Aadi 18 Peruku festival of the Arulmigu Sri Sadachiamman, Sri Oorkavalanswamy, Sri Karuppasamy, Sri Petchiamman and 21 Parivara Deivangal Temple on 29.07.2026, 03.08.2026 and 04.08.2026, by considering the representation dated 15.07.2026. For Petitioner : Mr.S.Ramsundarvijayraj for M/s.Veera Associates For Respondents : Mr.D.Rajaboopathy (R4 to R6) Government Advocate (Crl.) Ms.M.R.Priyanka Jothi (R1 to R3) Government Advocate Mr.S.Alagu Sundar (R7) ORDER This petition has been filed seeking for a direction to the respondents, particularly, respondents 4 to 6 to provide adequate police protection for the peaceful conduct of Aadi 18 Peruku festival of Arulmigu Sri Sadachiamman, Sri Oorkavalanswamy, Sri Karuppasamy, Sri Petchiamman and 21 Parivara Deivangal Temple on 29.07.2026, 03.08.2026 and 04.08.2026, by considering the representation dated 15.07.2026. 2/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 2. The learned counsel appearing for the petitioner submitted that adequate police protection may be provided for the peaceful conduct of the Aadiperukku festival in the aforesaid temple. It was further submitted that the petitioner herein has been engaged as the Poosari to perform the poojas and other religious rituals connected with the temple festival. 3. The learned counsel appearing for the seventh respondent categorically submitted that the seventh respondent is the duly recognised Poosari by strength of the agreement dated 15.06.2016 entered into among all the villages. It was further submitted that this Court, by order dated 24.02.2026 passed in W.P.(Crl.)(MD) No.1013 of 2025, has confirmed the same and permitted the seventh respondent to continue as the Poosari, unless and until the agreement dated 15.06.2016 is explicitly cancelled. 4. The learned counsel appearing for the petitioner submitted that, pursuant to the order dated 24.02.2026 passed by this Court in W.P.(Crl.)(MD) No.1013 of 2025, the villagers convened a meeting and unanimously revoked the earlier agreement dated 15.06.2016, thereby removing the seventh respondent from the post of Poosari. It was further submitted that, though the seventh respondent had been duly served with a notice calling upon him to 3/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 participate in the enquiry conducted by the villagers, he failed to appear and participate in the said enquiry. 5. The learned Government Advocate appearing for the respondent police submitted that the seventh respondent has already requested the respondent police to provide adequate police protection for the peaceful conduct of the aforesaid temple festival. It was further submitted that, insofar as the issue relating to Poosariship is concerned, the order passed by this Court in W.P.(Crl.)(MD) No.1013 of 2025, dated 24.02.2026, continues to hold good. The learned Government Advocate further submitted that, although the petitioner had submitted a representation before the seventh respondent, he failed to appear for the enquiry conducted pursuant thereto. 6. Heard the learned counsel on either side and carefully perused the materials available on record. 7. It is seen that this Court, by order dated 24.02.2026 passed in W.P. (Crl.)(MD) No.1013 of 2025, has observed that the seventh respondent herein is entitled to continue as the Poosari on the strength of the agreement dated 15.06.2016, unless the said agreement is cancelled in accordance with law. In 4/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 the present proceedings, the petitioner has failed to produce any material document to satisfy the conscience of this Court that the aforesaid agreement dated 15.06.2016 has been validly cancelled in accordance with law. 8. In view of the above, the respondent police is directed to issue notice to the petitioner as well as the seventh respondent under Section 64 of the BNSS, 2023, and ensure that the temple festival is conducted by the Temple Committee in a peaceful manner. However, the seventh respondent shall continue to discharge his duties as Poosari, unless and until the agreement dated 15.06.2016 is cancelled in accordance with law, as observed by this Court in W.P.(Crl.)(MD) No.1013 of 2025, dated 24.02.2026. The respondent police shall also afford necessary police protection for the smooth and peaceful conduct of the temple festival. 9. At this juncture, the learned counsel for the petitioner submitted that the seventh respondent has been frequently deviating from his duties as Poosari by remaining absent during the festival occasions. In such circumstances, the seventh respondent is hereby directed to strictly ensure his presence in the aforesaid temple from 05:00 a.m. to 12:00 p.m. during the festival days and perform his duties as Poosari without fail. 5/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 10. With the above directions, this writ petition stands disposed of. 29.07.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 31.07.2026. 6/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 TO:- 1. The District Collector, District Collectorate, Virudhunagar District. 2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 3. The Tahsildar, Kariapatti Taluk, Virudhunagar District. 4. The Superintendent of Police, District Police Office, Virudhunagar District. 5. The Deputy Superintendent Of Police, Aruppukottai Sub- Division, Virudhunagar District. 6. The Inspector of Police, Aaviyur Police Station, Virudhunagar District. 7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4275 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.4275 of 2026 Dated 29.07.2026 8/8 https://www.mhc.tn.gov.in/judis