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2026 Supreme(Online)(Mad) 26352

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Silamban – Appellant
Versus
District Collector, Madurai District – Respondent
W.P.Crl.(MD)Nos.1834 and 1894 of 2026 and W.M.P.Crl.(MD).No.465 of 2026 | W.P.Crl.(MD).No.1834 of 2026 | W.P.Crl.(MD).No.1894 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Muthiah Poosari Amalan for M/s.TAmil Law Firm, Mr.V.Vijayasethupathy
For the Respondents:Mr.C.Satheesh Government Advocate (Civil), Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor, Mr.V.Vijayasethupathy, Mr.M.Sakthi Kumar (R3 to R6) Government Advocate (Crl.)

Court permits joint temple festival participation and quashes denial order upon parties' consent, imposing conditions for harmony.

Headnote:Under Article 226 of the Constitution of India, petitioners sought mandamus to direct authorities to act on representations for temple festival participation and police protection, and certiorarified mandamus to quash an impugned order denying permission due to potential disputes and pending civil suit on temple administration. Court noted concession by parties to jointly conduct festival, limiting civil suit to villagers' worship rights. Impugned order quashed; one petitioner permitted to organize festival with participation rights for other petitioner and family in worship and temple tax collection. Writ petitions disposed with conditions regulating cultural program timing, content, decency, non-political nature, and police enforcement powers.

Table of Content
1. petitions seek festival permission and quashing of denial order. (Para 1)
2. prosecution opposes due to dispute risks and pending suit. (Para 2)
3. parties concede joint festival organization and worship rights. (Para 3)
4. quash order, permit festival with inclusive rights and conditions. (Para 4 , 5)

COMMON ORDER

W.P.Crl.(MD)1834 of 2026 is filed seeking to direct the respondents 1 to

6 to take action based on the petitioner's representation dated 23.03.2026 by permitting the petitioner to participate in the temple festival of Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District are also to receive temple tax (jiyflL; thp).

W.P.Crl.(MD).No.1894 of 2026 is filed challenging the impugned order in Na.Ka.No.1783-Vi-108/Therthal/2026/C dated 28.03.2026 passed by the second respondent and also direct the respondents to grant adequate police protection on 12.04.2026 of Panguni Uthira Thiruvizha and Valli Thirumana Nadagam in Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District.

2.The learned Additional Public Prosecutor submitted that there is a possibility of dispute between two parties with respect to the mode of worship in the said village and therefore, it is not feasible to grant permission to the petitioners to conduct festival at all. He also pointed out that O.S.No.186 of 2025 is also pending before the learned District Munsif, Melur, with respect to the administration of said temple. Hence, he seeks dismissal of this petition.

3.However, the learned counsel for the petitioners in both the petitions submitted that they are willing to conduct a temple festival together and they have no objection in either parties participating in the temple festival. It is also fairly conceded by both the parties that Thiru.C.Malaiyalam, who is the petitioner in W.P.Crl.(MD).No.1894 of 2026, will organise the temple festival every year and the petitioner in W.P.Crl.(MD).No.1834 of 2026 has no objection with respect to the said Thiru.C.Malaiyalam, in organising the said temple festival this year also. It is also fairly conceded by both the parties that O.S.No.186 of 2025 is only with respect to the right of all the villagers of A.Vallalapatti Village to worship the said deity.

4.In view of the submissions made, the impugned proceedings in Na.Ka.No.1783-Vi-108/Therthal/2026/C dated 28.03.2026 passed by the second respondent in W.P.Crl.(MD).No.1894 of 2026 is hereby quashed. Thiru.C.Malaiyalam, who is the petitioner in W.P.Crl.(MD).No.1894 of 2026, is permitted to organise the temple festival in a routine manner. However, it is made clear that the petitioner, namely, Silamban, S/o.Chinnakarupan, and his family members should also be permitted to participate in the temple festival and worship the deity and also receive the temple tax(jiyflL; thp) from all the persons related to the Silambam and Silamban.

5.Accordingly, these Writ Petitions are disposed of on the following conditions:-

(a) The 'Vallithiruma Nadagam' is permitted to conduct on 12.04.2026 from 08.00 p.m., to 10.00 p.m., in Arulmighu Shri Naarthamalai Muthumariamman Temple in A.Vallalapatti Village, Gandhiji Street, Chekkadi Street, Melur Taluk, Madurai District.

(b) The organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(c) The program shall not extend beyond 10 p.m.;

(d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;

(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(f) There shall be no supply of alcohol

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