SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 29475

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Sekar – Appellant
Versus
The State of Tamil Nadu rep., by The Superintendent of Police, Kanyakumari District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.S.Jebastin
For the Respondents:Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor, Mr.S.Muthukannan, Mr.C.Satheesh Government Advocate (Civil)

Court directs Peace Committee to assess temple festival feasibility amid disputes and pending civil suit without injunction.

Headnote:Under Article 226 of the Constitution of India, petitioner sought mandamus directing authorities to permit temple festival with sound, lighting, and police protection, considering representation dated 26.03.2026. Facts involve dispute between parties leading to law and order concerns, with pending civil suit O.S.No.83 of 2025 for injunction over temple possession, where no interim order exists. Court impleaded necessary parties and directed feasibility assessment. Issue framed around permission for festival amid disputes and pending suit. Ratio: Absent interim stay in civil suit and considering circumstances, court directed Revenue Divisional Officer to convene Peace Committee, notice parties, and assess feasibility of permitting festival. Writ petition disposed directing fourth respondent to conduct Peace Committee and determine feasibility.

Table of Content
1. petition seeks permission for temple festival amid party disputes. (Para 1 , 2 , 7)
2. impleadment of parties due to pending civil suit without injunction. (Para 3 , 5)
3. direct peace committee to assess festival feasibility. (Para 6 , 8)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to grant permission to the petitioner to conduct the festival programme on 03.04.2026 in connection with the temple festival at Arulmigu Sri Sivasudalai Karuppasami Ujjini Mahakali Amman Sastha Esakkiamman Thirukovil, Putheri Railway Gate, Kanyakumari District with sound and lighting system and with adequate police protection subject to the reasonable conditions, by considering the petitioner's representation dated 26.03.2026.

For Petitioner : Mr.S.Jebastin For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 : Mr.S.Muthukannan For R4 : Mr.C.Satheesh Government Advocate (Civil)

ORDER

Seeking to direct the respondents to grant permission to the petitioner to conduct the festival programme on 03.04.2026 in connection with the temple festival at “Arulmigu Sri Sivasudalai Karuppasami Ujjini Mahakali Amman Sastha Esakkiamman Thirukovil”, Putheri Railway Gate, Kanyakumari District with sound and lighting system and with adequate police protection subject to the reasonable conditions, by considering the petitioner's representation dated

26.03.2026, this writ petition is filed.

2.When the matter came up for hearing, the learned Additional Public Prosecutor submitted that there is a dispute between two parties, as a result of which, potential threat prevails, which would cause severe law and order problem in the locality. He further submitted that civil suit in O.S.No.83 of 2025 before the learned Principal District Munsif, Nagercoil, is also pending between the parties.

3.Mr.Moorthy, S/o.Vethamani, who is the necessary party, is suo motu impleaded as third respondent in this petition.

4.Registry is directed to carry-out the necessary amendment.

5.Mr.S.Muthukannan, learned counsel, takes notice for the third respondent and submitted that the civil suit has been filed by the third respondent as against the petitioner and another. The petitioner herein is the second defendant in the said suit. The said suit has been filed as against the defendants, including the petitioner herein, for permanent injunction, restraining them from interfering with the peaceful possession, and administration of the temple in any manner. However, he fairly conceded that no order of injunction has been passed by the learned trial court.

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

7.It is submitted that the petitioner's parties have made all necessary arrangements for conduct of aforesaid temple festival on 03.04.2026. In view of the objection made by the third respondent, it is not feasible for the petitioner's party to conduct temple festival on 03.04.2026.

8.Since there is no order of interim stay in the pending civil suit which was filed as early as in the year 2025 and also considering the facts and circumstances of the case, the Revenue Divisional Officer, Nagercoil, is suo motu impleaded as fourth respondent in this petition and Mr.C.Satheesh, learned Government Advocate (Civil), takes notice for the fourth respondent. The fourth respondent is directed to put the petitioner's party and the third respondent's party on notice as also any interested party, if any, and conduct a Peace Committee and find out the feasibility of permitting either parties to conduct festival. Accordingly, this Writ Petition is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top