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2026 Supreme(Online)(Mad) 8803

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. Srimathy, J
S.Ramachandran – Appellant
Versus
The State of Tamilnadu – Respondent
WP Crl.(MD) NO. 569 of 2026



Advocates:
For the Appellants/Petitioners: H. Arumugam
For the Respondents: A.S. Abul Kalaam Azad, M. Karthikeya Venkitachalapathy

The court may grant limited permission for a party to worship and perform poojas during a festival to maintain peace and religious practice, even when disputes regarding hereditary trusteeship and rights are pending before other authorities.

Headnote:The petitioner sought a Writ of Mandamus to participate in temple festivals and perform poojas at specific temples for the Maha Shivaratri festival. The petitioner claimed status as a relative with traditional rights, alleging that private respondents prevented worship. The court found that while a dispute regarding hereditary trusteeship is pending, the right to worship should be facilitated. The primary issue was whether the petitioner could be permitted to worship and perform poojas despite pending disputes over trusteeship and rights. The court reasoned that since the claim was limited to darshan and poojas, and the police had no objection provided law and order is maintained, a limited permission could be granted without prejudice to the rights of the parties. With the above directions, this Writ petition is disposed of.

Table of Content
1. petitioner seeks permission for temple worship and poojas based on traditional rights. (Para 1 , 2)
2. pending disputes over hereditary trusteeship do not necessarily preclude peaceful darshan. (Para 3 , 4)
3. limited permission granted for worship to maintain law and order without prejudice to rights. (Para 5 , 6)

Prayer:

To issue a Writ or order or direction in the nature of the Writ of Mandamus directing the respondents 1 & 2 to permit the petitioner and his family members to participate in the temple festival and to do poojas at A.M.Kambathadi Karukuvalaiyan Sonaiya and A.M.Sonaiyasamy and build temple at No.6B, Samiyar Santhu, Kajimar Street, Madurai and at No.16A, Sonaiya Koil Complex, Glasskara Street, Madurai respectively in the eve of Maha Shiva Rathiri festival on 15.02.2026.

ORDER

This writ petition is filed seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to permit the petitioner and his family members to participate in the temple festival and to perform poojas at A.M. Kambathadi Karukuvalaiyan Sonaiya and A.M. Sonaiyasamy temples, and to construct temples at No. 6B, Samiyar Santhu, Kajimar Street, Madurai, and No. 16A, Sonaiya Koil Complex, Glasskara Street, Madurai, respectively, on the eve of Maha Shivaratri festival on 15.02.2026.

2. According to the petitioner, he is one of the pangalis of the said temples; however, the private respondents have not permitted him to worship the deity or perform poojas at the said temples. Therefore, he submitted a representation dated 17.01.2026, which has not been considered. Hence, the present writ petition has been filed.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is a dispute between the petitioner and the private respondents. In this regard, a petition in O.A. No. 10 of 2021 was filed, which was subsequently challenged in W.P.(MD) No. 15763 of 2022 and disposed of on 08.08.2022. The same was confirmed in W.A.(MD) No. 1421 of 2022, wherein the matter was remitted to the Joint Commissioner, Madurai, for fresh consideration. The said writ appeal was disposed of on 25.03.2025, granting liberty to the petitioner to implead himself in the O.A. and contest the same. Therefore, the rights of the parties cannot be decided at this stage, and this Court can only pass appropriate orders for worshipping the deity. He further submitted that if the parties undertake to have darshan in a peaceful manner without affecting law and order, the respondent police have no objection to granting permission in this regard.

4. The learned counsel appearing for the 3rd respondent submitted that there is a dispute between the parties with respect to conducting poojas and hereditary trusteeship, and the matter is pending before the Commissioner, HR & CE Department, Chennai. The private respondents have never restrained the petitioner from worshipping the deity, and therefore, the petitioner may have darshan at any time.

5. Since the claim of the petitioner is limited to performing poojas and having darshan, without affecting the rights of the parties, the petitioner is permitted to worship the deity on 15.02.2026 from 08.00 p.m. to 01.00 a.m. at the above-said temples and may have all types of darshan by offering pooja articles to the existing poojari for this year. If anybody creates a law and order issue, it is for the 2nd respondent to take appropriate action in accordance with law.

6. With the above directions, this Writ petition is disposed of.

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