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2026 Supreme(Online)(Mad) 25527

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
D. Thangadurai – Appellant
Versus
The District Collector, Perambalur District. – Respondent
Writ Petition (Criminal)|W.P.Crl.No.199 of 2025|W.A.Nos.743 and 2064 of 2019



Advocates:
For the Appellants/Petitioners: Mr.T.Dharani
For the Respondents: Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor for R2 & R6

Police protection granted for temple festival within premises, prohibiting public procession to maintain law and order.

Headnote:Article 226 of the Constitution enables writ petitions for mandamus directing police protection for religious events. Petitioner sought permission for temple procession along customary route through public street, claiming obstruction discriminatory and violative of Article 25 rights, with prior court orders mandating secular use of streets. Court examined prior proceedings and festival details, finding procession confined to temple premises for Kumbabishegam without public street use. Petitioner argued customary procession rights, authorities' inaction arbitrary, streets secular per prior Division Bench orders. Court distinguished from earlier omnibus petition dismissal, relied on records confirming peaceful conduct within temple, no public procession, regulating for law and order permissible. Writ petition disposed directing police protection for Kumbabishegam on 01.04.2026 strictly within temple premises without public procession or disturbance.

Table of Content
1. mandamus sought for police protection of customary temple procession. (Para 1 , 2)
2. distinguished prior omnibus petition; festival confined to temple premises. (Para 4)

ORDER

This Writ Petition (Criminal) has been filed seeking a direction to the respondents, particularly the 6th respondents, to provide adequate police protection for conducting the Murugan Temple Swamy Thiruveedhi Ula (Temple Procession) scheduled to be held on 01.04.2026 through South Theradi Street up to Irattai Palam, Inam Agaram Village, Veppanthattai Taluk, Perambalur District, by strictly adhering to the order passed by this Court in W.P.Crl.No.199 of 2025 dated 08.07.2025 and in accordance with the proceedings of the Superintendent of Police, Perambalur District in Na.Ka.No.207/SP/Camp/IPLR/2022 dated 02.08.2022.

2. The learned counsel for the petitioner submitted that the temple procession (Swamy Thiruvedhi Ula) has been conducted for several decades through the customary route,including South Theradi Street up to Irattai Palam, without any law and order issues. The obstruction raised on the ground that a Scheduled Caste residential area is situated nearby is illegal, discriminatory and violative of the villagers’ customary and fundamental rights under Article 25 of the Constitution of India. It is further submitted that as per the order of the Court, all public streets are to be treated as secular and open to all religious processions and no blanket restriction can be imposed. The authorities are bound only to regulate the procession to maintain law and order and cannot prohibit it. Despite a representation dated 07.03.2026 seeking permission and police protection, the respondents have failed to act. such inaction is arbitrary and contrary to law. Hence, the petitioner seeks necessary directions to permit the procession along the traditional route with adequate police protection. 3. Heard the learned counsel on either side and perused the materials available on record.

4. Considering the submissions made and on perusal of the records, it is seen that W.P.Crl.No.199 of 2025 was filed by one R.D.Rajavel and not by the present petitioner. The said writ petition was filed seeking police protection for conducting the periodical temple festival. It is further observed that during the earlier proceedings, a restriction was imposed permitting the procession only through a particular route. This Court, by following the directions issued by the Division Bench of this Court in W.A.Nos.743 and 2064 of 2019, dated

30.04.2021, dismissed the petition on the ground that the prayer sought was omnibus and not with reference to any specific date or occasion. However, in the present case, it is seen from the invitation annexed to the petition that the Kumbabishegam is scheduled to be held on 01.04.2026 and the rituals are to commence from 30.03.2026. It is submitted that in connection with the Kumbabishegam, the Yagasalai will be set up adjacent to the temple and after completion of the rituals, the Kalasam will be taken to the temple gopuram and the Kumbabishegam will be performed. It is further stated that there will be no procession on public streets and the entire festival will be confined within the temple complex. Further, from the communication placed on record by the Additional Public Prosecutor appearing for the respondents 2 and 6, it is evident that the usual practice and procedure will be followed and that the function would be conducted in a peaceful manner without affecting law and order. 5. In view of the above discussion and considering the nature of the festival, this Court is inclined to grant police protection for conducting the Kumbabishegam scheduled on 01.04.2026. The respondents 2 and 6 are directed to provide necessary police protection, subject to the condition that that function shall be conducted strictly within the temple premises, without any procession on public streets and without causing any disturbance to law and order.

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