S.Sudalaimani v. The Superintendent of Police, Tirunelveli District

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.08.2026 CORAM THE HONOURABLE DR. JUSTICE P. MURUGAN WP CRL.(MD). Nos.3006 & 4719 of 2026 WP CRL.(MD). No.3006 of 2026 S.Sudalaimani, ... Petitioner Vs.

¶1The Superintendent of Police, Tirunelveli District, Tirunelveli.

¶2The Revenue Divisional Officer, Tirunelveli, Tirunelveli District..

¶3The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

¶4The Tahsildar, Manoor Taluk, Tirunelveli District.

¶5State of Tamilnadu Rep by Inspector of Police, Manoor Police Station, Tirunelveli District..

¶6Madasamy,

¶7Ramakrishnan,

¶8Gomathinayagam

¶9Naveenathagopalakrishnan,

¶10Shanmugaiah,

¶11Shanmuaiah,

¶12Madasamy @ Thangaraj,

¶13Kathiresan, ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, direction of that nature to call for the records pertaining to impugned order dated 15.05.2026 vide A/5/624/2025 and quash the same as illegal and arbitrary and consequently direct the respondents 1 to 4 to to conduct the temple festival of Arulmigu Thatchan Kallathi Madasamy Temple of Vannikonendal, Manoor Taluk, Tirunelveli District, jointly by both groups as one single during the Tamil Month of Aavanit (August 2026) and to direct the 5th respondent to provide necessary police protection to maintain law, order during the temple festival.

For Petitioner : Ms.N.Vijayalakshmi,

For Respondents : Mr.C.Susikumar, Government Advocate (Criminal Side) For R1,3&5, : Mr.A.Sivasubramanian, Additional Government Pleader For R2 & 4, : Mr.M.Karthikeya Venkatachalapathy, For R6 to R8 & R10 to R12, WP CRL.(MD). No.4719 of 2026 Shanmugaiya Asari, ... Petitioner Vs.

¶1The Superintendent of Police, Tirunelveli District. Tirunelveli.

¶2The Deputy Superintendent of Police, Tirunelveli Rural Sub - Division, Palayamkottai, Tirunelveli.

¶3The Inspector of Police, Devarkulam Police Station, Tirunelveli District. ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to provide adequate and necessary police protection for the peaceful conduct of Arulmighu Sri Thatchan – Kallathi Madasamy Temple Kodai Vizha function scheduled on 21.08.2026-Kodiettram, 27.08.2026 to

29.08.2026-3 day annual festival, 04.09.2026-8th day pongal poojai and 11.09.2026 Friday poojai at Arulmighu Sri Thatchan – Kallathi Madasamy Temple, Vannikkonenthal, Manoor Taluk, Tirunelveli District, pursuant to the permission already granted by the second respondent – Deputy Superintendent of Police, Tirunelveli vide proceedings in Order in Na.Ka.No.244/Forecast/ Ka.Thu.Ka/ ThiLi/ Ooragam dated 02.08.2026 and to take appropriate legal action against any individuals or anti-social elements who attempt to obstruct or create law and order issues in violation of the permission granted.

For Petitioner : Mr.M.Karthikeya Venkitachalapathy,

For Respondents : Mr.C.Susikumar, Government Advocate (Criminal Side) C O M M O N O R D E R

At the request of both side counsel, both the cases have been taken for common disposal.

¶2The prayer in WP.Crl.(MD)No.3006 of 2026 is to issue a Writ of Certiorarified Mandamus, to quash the proceedings of the fourth respondent dated 15.05.2026 vide A/5/624/2025 and consequently direct the respondents 1 to 4 to permit the petitioner to conduct the temple festival of Arulmigu Thatchan Kallathi Madasamy Temple of Vannikonendal, Manoor Taluk, Tirunelveli District, jointly by both groups as one single during the Tamil Month of Aavani and to direct the 5th respondent to provide necessary police protection to maintain law and order.

¶3The prayer in WP.Crl.(MD)No.4719 of 2026 is to issue a Writ of Mandamus, to provide adequate and necessary police protection for the peaceful conduct of Arulmighu Sri Thatchan – Kallathi Madasamy Temple Kodai Vizha function scheduled from

21.08.2026 to 11.09.2026, pursuant to the permission already granted by the second respondent, to take appropriate legal action against any individuals or anti-social elements who attempt to obstruct or create law and order issues in violation of the permission granted.

¶4The petitioner in WP.Crl.(MD)No.4719 of 2026 is the 11th respondent in W.P.Crl.(MD)No.3006 of 2026. The petitioner in W.P.(Crl.)(MD) No. 3006 of 2026 and private respondents 6 to 13 belong to the same Asari community in the subject village. Since two rival groups claimed the right to conduct the village temple festival, a peace committee meeting was convened by the Tahsildar, who, by proceedings dated 15.05.2026, after enquiring with the villagers of the subject village, came to the conclusion that the petitioner in W.P.(Crl.)(MD) No. 3006 of 2026 would be treated as the "A Party" and the petitioner in W.P.(Crl.)(MD) No. 4719 of 2026 as the "B Party". The Tahsildar accordingly permitted the "A Party" to conduct the subject temple festival during the Tamil month of Aadi and the "B Party" to conduct the festival during the Tamil month of Aavani. Since the Executive Magistrate issued the said peace committee proceedings by dividing the conduct of the festival between the "A Party" and the "B Party", the same has been challenged in W.P.(Crl.)(MD) No. 3006 of 2026.

¶5In W.P.(Crl.)(MD) No. 4719 of 2026, the second respondent therein granted permission to the petitioner therein to conduct the temple festival as per the schedule date and events furnished by the petitioner. Since both rival groups claimed the right to conduct the festival during the month of Aavani, and the Tahsildar had directed the "A Party" to conduct the festival during the month of Aadi, which has already elapsed, the present issue has arisen.

¶6With the consent of both learned counsel, this Court persuaded both parties to arrive at a common solution for conducting the temple festival. In the previous hearing, both learned counsel sought two days' time to consult the members of their respective parties. Today, the parties have arrived at an amicable settlement. The petitioner in W.P.(Crl.)(MD) No. 4719 of 2026 is agreed to conduct the subject temple festival from 21.08.2026 to 04.09.2026, and the petitioner in W.P.(Crl.)(MD)No. 3006 of 2026 is agreed to conduct the subject temple festival from 05.09.2026 to 17.09.2026.

¶7Hence, this Court directs the petitioner in W.P.(Crl.)

(MD) No. 4719 of 2026 to conduct the subject temple festival from

21.08.2026 to 04.09.2026, and also directs the petitioner in W.P. (Crl.)(MD)No. 3006 of 2026 to conduct the subject temple festival from 05.09.2026 to 17.09.2026.

¶8Both parties are directed to co-operate with each other during the conduct of the respective functions, and neither party shall cause any nuisance or disturbance to the other party. The police authorities are directed to provide necessary police protection during the conduct of the functions. In the event of any untoward incident occurring at the instance of any person, the police are directed to proceed in accordance with law.

¶9This Court hopes that both parties will honour their undertaking and conduct the temple festival in a peaceful and cordial atmosphere without causing any disturbance to the other party.

¶10The applicable police protection charges shall be paid by the respective parties, as claimed by the police authorities, through the designated bank account.

¶11With the above directions, these Writ Petitions stand disposed of.

19.08.2026 Index : Yes / No

Internet : Yes NCC : Yes / No LS TO

¶1The Superintendent of Police, Tirunelveli District, Tirunelveli.

¶2The Revenue Divisional Officer, Tirunelveli, Tirunelveli District..

¶3The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

¶4The Tahsildar, Manoor Taluk, Tirunelveli District.

¶5The Inspector of Police, Manoor Police Station, Tirunelveli District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Note: Issue order copy on 19.08.2026 DR. P. MURUGAN,J LS

WP.Crl.(MD) Nos.3006 & 4719 of 2026

19.08.2026