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2026 Supreme(Online)(Mad) 37855

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Elumalai Nattar – Appellant
Versus
Deputy Superintendent of Police – Respondent
Writ Petition



Advocates:
For Petitioner(s): Mr.S.Esakkimuthu
For Respondent(s): M/S. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP ASSISTED BY HARSHANA. T FOR R1 & R2

Court defers police protection for temple festival to Revenue Divisional Officer’s enquiry resolution on rival claims.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing police to provide protection for conducting the Throupathi Amman Temple festival on specified dates after submitting a representation. The petitioner claimed status as hereditary custodian with five donors having rights to conduct festivals historically held from 1955-1983 and resumed post-1984, disrupted by disputes until 2025. The court noted rival claims leading to Revenue Divisional Officer enquiry on 10.03.2026, postponed to 08.05.2026 due to lack of documents. The issue framed was whether police protection should be directed pending resolution of temple ritual disputes. The ratio decidendi emphasized deferring police action to the outcome of the Revenue Divisional Officer’s enquiry, where parties must appear with documents on 08.05.2026, after which police would provide protection as directed. The writ petition is disposed, directing the petitioner to appear before the Revenue Divisional Officer for enquiry and police to provide protection per the Officer’s orders.

Table of Content
1. petition seeks police protection for temple festival. (Para 1 , 2)
2. rival claims over temple rituals prompt enquiry. (Para 3 , 4)
3. defer to rdo enquiry before police protection. (Para 5 , 6 , 7)

ORDER

This writ petition has been filed seeking direction to the respondents 1 and 2 to grant police protection to conduct temple festival in Throupathi Amman Temple situated at Vadamalaiyanur Village, Thirukovilur Taluk, Kallakurichi District.

2. The learned counsel for the petitioner submitted that the petitioner had sent a representation on 04.02.2026 seeking police protection during the temple festival in Throupathi Amman Temple situated at Vadamalaiyanur Village, Thirukovilur Taluk, Kallakurichi District on 22.05.2026, 02.06.2026 to

10.06.2026.

3. The learned counsel for the petitioner submitted that the petitioner is a hereditary custodian of the said temple and there are five donors who have rights to conduct temple festival. According to the petitioner, the temple festival was held from the year 1955 to 1983 and thereafter from the year 1984, the said five donors participated in temple festival. Since there was some dispute in conducting rituals in the temple, the temple festival was not conducted from the year 1984 to 2025. Now the petitioner seeks police protection to conduct temple festival for the present year.

4. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that since there were rival claimants over the rituals of the temple, the Revenue Divisional Officer had called the petitioners and other counter petitioners for enquiry and they appeared for enquiry on 10.03.2026, however, unable to furnish any documents and thereafter, the enquiry has been postponed to 08.05.2026.

5. The learned counsel for the petitioner submitted on 08.05.2026 the petitioner would appear before the Revenue Divisional Officer along with the supporting documents.

6. The learned Additional Public Prosecutor submitted that on 08.05.2026 the petitioner shall appear before the Revenue Divisional Officer and the Revenue Divisional Officer would cause an enquiry and pass appropriate orders and thereafter, the respondent police would provide adequate protection as per the direction of the Revenue Divisional Officer.

7. Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is disposed.

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