Court directs expeditious consideration of customary right to conduct festival ritual at new location post-enquiry.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Kamalakannan ... Petitioner Vs.

The Executive Officer cum Deputy Commissioner, Arulmigu Kallalaghar Thirukovil, Alagar Kovil, Madurai. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondent to permit the petitioner to conduct Mandagapadi at Door No.3A, Thirumukulam North Street, Chinnachokkikulam, Madurai by considering the petitioner's representation dated 02.03.2026 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.S.Manohar Standing Counsel

O R D E R

This Writ Petition is filed for a mandamus directing the respondent to permit the petitioner to conduct Mandagapadi at Door No.3A, Thirumukulam North Street, Chinnachokkikulam, Madurai by considering the petitioner's representation dated 02.03.2026.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the petitioner has a customary and traditional right to conduct the Mandagapadi during the festival. For this year, it falls on 01.05.2026 and 02.05.2026. Originally, the petitioner was conducting the Mandagapadi opposite to the shop of the petitioner. Considering the locational disadvantages, the petitioner originally took a land belonging to the temple on lease and shifted the Mandagapadi to the said premises. The respondent took exception to the same, stating that the temple land cannot be utilized for the said purpose and cancelled the Mandagapadi itself. Aggrieved thereby, the petitioner approached this Court by way of W.P. (MD) No.35028 of 2025 and this Court, by an order dated 08.12.2025, quashed the said order and remanded the matter back so as to provide an opportunity to the petitioner and then to take a call.

3. In the meanwhile, in order to avoid the dispute itself, the petitioner had purchased yet another land at Door No.3A, Thirumukulam North Street, Chinnachokkikulam, Madurai, which is a very convenient and appropriate place for the conduct of Mandagapadi and the petitioner had also made a representation dated 02.03.2026. Even though the festival is fast approaching, the respondent is yet to pass any orders and therefore, the petitioner is before this Court.

4. When the matter came up for hearing, the learned Standing Counsel, taking notice on behalf of the respondent, would submit that the case of the petitioner is already being considered and that a notice of enquiry has already been issued, requiring the petitioner to appear for the enquiry along with original documents on 07.04.2026. Therefore, the enquiry will be conducted and the orders will be passed.

5. The learned counsel for the petitioner expresses apprehension that the order should be passed at the earliest, as the festival is fast approaching.

6. I have considered the rival submissions made on either side and produced the material records of the case.

7. Since the enquiry is now posted on 07.04.2026, the petitioner can very well appear before the respondent on that day with the original documents, etc. After considering the suitability of the new place, the orders can be passed, as far as possible, on the same day or in any event expeditiously, but not beyond 10.04.2026.

8. This Writ Petition is disposed of accordingly. No costs.