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2026 Supreme(Online)(Mad) 26349

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
S.Thirunavukkarasu – Appellant
Versus
The Superintendent of Police, Sivagangai – Respondent
WP CRL.(MD) No.1767 of 2026



Advocates:
For the Appellants/Petitioners: Mr. S.Ramanathan
For the Respondents: Mr.M.Sakthi Kumar for R1 to R3, Mr.P.Mahendran for R4

Hereditary trustee entitled to organize temple festival; devotees permitted participation despite pending appeal.

Headnote:The petitioner sought permission to conduct temple festival events including Poo Thiruvizha, Mandakapadi and Pongal in Arulmigu Varam Valangiya Amman Temple, relying on a representation. The fourth respondent, hereditary trustee, was authorized by Joint Commissioner HR&CE order dated 30.04.2025 in O.A.No.5 of 2008 to organize the festival, with no stay granted in the petitioner's pending appeal. Court directed the fourth respondent to organize the festival and permitted petitioner and villagers to participate. Issue framed: Whether petitioner and villagers should be permitted to participate in the temple festival organized by hereditary trustee. Court's reasoning upheld the administrative order recognizing hereditary trustee's authority, noting absence of stay, balancing rights to conduct and participate in religious events. Writ Petition disposed of with directions for festival organization by fourth respondent, participation allowed for petitioner and villagers, and police protection provided.

Table of Content
1. petition seeks permission for temple festival events. (Para 1 , 2)
2. petitioner seeks participation rights. (Para 3)
3. court upholds trustee's authority absent stay. (Para 4)
4. participation allowed with police protection. (Para 6)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/04/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI S.Thirunavukkarasu ... Petitioner Vs

1. The Superintendent of Police, Sivagangai, O/o. Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Tiruppathur, O/o. Deputy Superintendent of Police, Tiruppathur, Sivagangai District.

3. State of Tamilnadu Rep by Inspector of Police, Nerkuppai Police Station, Sivagangai District.

4. A.R. Andiyappan (Hereditary Trustee), S/o. Arumugam, Olugamangalam, Thiruppathur Taluk, Sivagangai. ... Respondents PRAYER :-

To issue a Writ of Mandamus direct the respondents 1 to 3 to permit the petitioner along with villagers to conduct and participate in Poo Thiruvizha, Mandakapadi and Pongal events from 29.03.2026 to 07.04.2026 in Arulmigu Varam Valangiya Amman Temple situated at Olugamangalam Village, A.Thekkur P.O., Thiruppathur Taluk, Sivagangai District, based on the representation dated 20.03.2026.

For Petitioner : Mr. S.Ramanathan, Advocate.

For Respondent : Mr.M.Sakthi Kumar for R1 to R3 Government Advocate (Crl.Side)

Mr.P.Mahendran for R4

ORDER

This Writ Petition is filed to issue a Writ of Mandamus direct the respondents 1 to 3 to permit the petitioner along with villagers to conduct and participate in Poo Thiruvizha, Mandakapadi and Pongal events from 29.03.2026 to 07.04.2026 in Arulmigu Varam Valangiya Amman Temple situated at Olugamangalam Village, A.Thekkur P.O., Thiruppathur Taluk, Sivagangai District, based on the representation dated 20.03.2026.

2. Learned counsel for the fourth respondent submitted that the fourth respondent is the hereditary trustee who is entrusted with the administration of the said temple and hence he is entitled to conduct the temple festival and he also pointed out that already a favourable order has been passed by the fourth respondent in this regard in O.A.No.5 of

2008 on 30.04.2025 by the Joint Commissioner, HR&CE, Sivagangai.

3. Learned counsel for the petitioner submitted that the petitioner and the villagers may be permitted to participate in the temple festival, even if organised by the fourth respondent. He also pointed out that the said O.A.No.5 of 2008 is with respect to the appointment of hereditary trustees, against which an appeal has been preferred by the petitioner and is pending before the Commissioner, HR & CE, Sivagangai in Appeal No.34 of 2025.

4. Heard either side and carefully perused the materials available on record.

5. In view of the order passed by the Joint Commissioner, HR &

CE Department, Sivagangai in O.A.No.5 of 2008 dated 30.04.2025, the fourth respondent is directed to organize the temple festival in Arulmigu Varam Valangiya Amman Temple situated at Olugamangalam Village, A.Thekkur P.O., Thiruppathur Taluk, Sivagangai District. It is also noted that that in the appeal preferred by the petitioner against the order of the Joint Commissioner, no order of stay has been granted.

6. It is made clear that the fourth respondent will not restrain the petitioner and the other villagers in participating in the Poo Thiruvizha, Mandakapadi and Pongal in the ongoing temple festival conducted by the fourth respondent. The third respondent is directed to afford necessary police protection to the fourth respondent on payment of necessary charges in terms of G.O(Ms)No.139, Home (Pol-VIII) Department, dated

04.03.2019.

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