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2026 Supreme(Online)(Mad) 9063

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
S.SENKOTTAIYAN – Appellant
Versus
The Superintendent of Police – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA S.Senkottaiyan Dharmakartha, S/o Selamban, Maachampalayam, Moliyapalli Village, Tiruchengode Taluk, Namakkal.

..Petitioner(s)

Vs

1. The Superintendent of Police Namakkal District, Namakkal.

2. The Inspector of Police, Rural Police Station, Thiruchengode, Namakkal District.

3. K.Saravanan ..Respondent(s)

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a direction forbearing the respondents 1 and 2 from giving any permission and police protection to the third respondent or any other person to conduct any festival separately, in our private temple Sree Maha Mariamman Temple situate in Moliyappalli Village, Maachampalayam, Thiruchengode Taluk, Namakkal on the basis of the petitioner's complaint dated 08.03.2025.

For Petitioner : Mr.P.Manivannan For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor

ORDER

This writ petition has been filed for a direction forbearing the respondents

1 and 2 from giving any permission and police protection to the third respondent or any other person to conduct any festival separately, in the petitioner's private temple Sree Maha Mariamman Temple situate in Moliyappalli Village, Maachampalayam, Thiruchengode Taluk, Namakkal, on the basis of his complaint dated 08.03.2025.

2. The learned counsel for the petitioner submitted that the petitioner is the Managing Trustee/Dharmakartha of the above temple which is a private and hereditary temple and the petitioner has been conducting the temple festival from time immemorial. For this year, they have decided to conduct the annual temple festival from 17.02.2026 to 26.02.2026. Therefore, they have sent a representation on 14.01.2026 to the respondents 1 and 2 to give permission and police protection to conduct the festival.

3. The learned Counsel appearing for the petitioner relied upon an order of this Court made in W.P.No.6318 of 2024, dated 08.03.2024, which was filed by the very same petitioner for celebrating the temple festival for the year

2024, the relevant portion of which reads as under:

"3. It is seen from records that already a Peace Committee Meeting has been conducted by the Revenue Divisional Officer, Thiruchengode and there seems to be a dispute between two parties. The Revenue Divisional Officer, Thiruchengode through proceedings dated 04.03.2024 has come to a conclusion that one of the party (-A- Party) is not willing to co~operate for conducting the festival. In view of the same, since the authority apprehends law and order problem, the permission was rejected.

4.In the considered view of this Court, if the parties are not able to come together and conduct a temple festival, it is better that no temple festival is conducted. Since it is contended that temple festival is going to be held from tomorrow, to ensure that both the parties participate in the festival without causing any law and order problem, there shall be a direction to the Inspector, HR & CE, Thiruchengode to conduct the festival this time. The respondent police shall grant police protection for the same. This permission granted by this Court, considering the facts of the case, does not give the HR & CE any right to take over the temple, since it is contended that the temple is managed by the villagers belonging to the locality. This observation will sufficiently take care of the interest of the villagers.

5.This writ petition is disposed of in the above terms. No Costs."

4. Mr.K.M.D.Muhilan, learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that three others persons have made representation claiming that they are the Trustees of the temple.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2.

6. Considering the submission of the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appe

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