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2025 Supreme(Online)(Mad) 48739
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Muthuselvam – Appellant
Versus
Govindaraj – Respondent
W.P.Crl.(MD)No.536 of 2025
For the Appellants/Petitioners: Mr. A.Balaji
For the Respondents: Mr.E.Antony Sahaya Prabahar
Writ petitions for festivals must ensure community inclusivity and harmony in celebrations.
Headnote:(A) Article 226 of the Constitution of India - Writ petition seeking permission for conducting the Aadi festival - There are competing claims between two groups in the community regarding the festival - The court emphasized the importance of unity and non-discrimination in conducting such festivals and directed police to ensure equal representation of all community members. (Paras 6-7)
(B) Community Rights - Discrimination based on community identity; the court urged collective participation of all citizens in community festivals. (Paras 5-6)
Facts of the case:
The petitioner, an administrator of a temple, sought permission for a festival, while facing claims of discrimination against a community. Previous undertakings to include all communities were discussed.
Findings of Court:
The festival should be conducted jointly, ensuring equal representation. The court mandates police protection and requires the petitioner to comply with the conditions of representation and financial agreements.
Issues: The court addressed the issues of community participation in cultural events and prior commitments made by the petitioner.
Ratio Decidendi: The court reaffirmed that festivals should promote unity and inclusiveness, highlighting that legal disputes should not hinder communal harmony.
Result: Writ petition allowed with directions.
| Table of Content |
|---|
| 1. community groups' role in festival organization. (Para 1 , 2 , 3) |
| 2. petitioner's defense against claims of existing discrimination. (Para 4) |
| 3. court's emphasis on unity in community celebrations. (Para 5 , 6) |
| 4. court's directive for festival organization inclusive of all. (Para 7) |
O R D E R
The petitioner claiming to be the present Administrator of Sri Irangi Muthamman Temple, Thoppulakarai Village, has filed this writ petition, seeking a direction to the respondents 1 to 3, to grant permission and adequate protection to conduct Aadi festival of the subject temple, from 11.08.2025 to 15.08.2025, by considering his representation, dated 02.07.2025.
2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 1 to 3 submits that there are two groups in the village and the petitioners are discriminating the Naickar community people and therefore the Naickar community people are raising certain issues. In view of the issue prevailing in the village, they have not granted permission as requested by this petitioner.
3.Mr. Sivaraman, the learned counsel representing the fourth respondent, belonging to the Naicker community submits that the petitioner and their group are attempting to conduct Aadi festival, by discriminating the Naickar community people alone and they have not collected any tax from them. He also referred to the earlier writ petition in WP(MD) No. 16604 of 2024 filed by one of the villagers, on the very same issue, wherein permission for conducting Aadi festival for the subject temple from 06.08.2024 to 14.08.2024 was sought for and the petitioner's group have given an undertaking that they would collect tax from the Naickar community people and they would perform the festival jointly along with all the villagers. Based on such undertaking, this Court has ordered that writ petition, by its order, dated 23.07.2024. However, they have not collected tax from Naicker community people for this year Aadi festival celebration. Therefore, this petitioner has once again filed this writ petition.
4.When this writ petition is taken up for hearing, the learned counsel for the petitioner submits that he is not discriminating anybody and they are prepared to collect tax from the Naickar community people and they would perform the festival jointly along with Naicker community people. However, this litigation has been unnecessarily filed, when the petitioner group have already given a similar undertaking in the previous year in WP(MD) No. 16604 of 2024, dated 23.07.2024.
5.This Court considered the rival submissions made and also perused the materials placed on recod.
6.The purpose of conducting the temple festival is for the unity of the people in the village. The festivals have to be celebrated jointly by giving representation to all the villagers and these sort of litigations should be avoided in future.
7.In view of the submission made by the petitioner's counsel, this writ petition is disposed of with a direction to the respondent police to grant permission and to provide police protection for conducting the temple festival, on payment of a sum of Rs.5,000/- to each constable and the respondent police shall ensure that all the villagers are provided equal representation in performing the poojas and also worshipping the deity. No costs.
16.07.2025 Index:Yes Internet:Yes vrn To
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, Thiruchuli Sub Division, Virudhunagar District.
3.The Inspector of Police, Keezhaaparalachi Police Station, Virudhunagar District.
B.PUGALENDHI, J.
vrn Order made in W.P.Crl.(MD)No.536 of 2025
