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2026 Supreme(Online)(Mad) 42856

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
Vasudevan – Appellant
Versus
District Collector, Sivagangai District, Sivagangai – Respondent
W.P Crl(MD). No.2014 of 2026



Advocates:
For the Appellants/Petitioners: R. Balamuruganantham
For the Respondents: C. Satheesh, M. Sakthi Kumar, R. Shunmathi Priya

A writ of mandamus for police protection to conduct a temple festival is not granted when the right to administer the temple is subject to a pending civil suit and criminal proceedings are active against the petitioner.

Headnote:(A) Writ of Mandamus - Police Protection - Temple Festival - Pendency of Civil Suit - When a civil suit for trusteeship and an application for injunction are pending regarding the administration of a temple, and a criminal case is registered against the petitioner, a request for police protection to conduct a festival cannot be granted as the matter is sub-judice before the civil court. (Para 6)

Issues: Whether the petitioner is entitled to police protection for conducting a temple festival while a civil suit for trusteeship and a criminal case are pending.

PRAYER

:-

Writ Petition Criminal filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to give adequate police protection for the celebration of Chithirai Festival held on from 13.04.2026 to 15.04.2026 for Arulmigu Alagiyanatchi Ambal Temple in Kumarapettai Village, Sirukudalpatti Sekaram, Thirupathur Taluk, Sivagangai District by considering the petitioner's representation dated 07.04.2026 in accordance with law.

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents 2 and 3 to give adequate police protection for the celebration of Chithirai Festival held on from 13.04.2026 to 15.04.2026 for Arulmigu Alagiyanatchi Ambal Temple in Kumarapettai Village, Sirukudalpatti Sekaram, Thirupathur Taluk, Sivagangai District by considering the petitioner's representation dated 07.04.2026 in accordance with law.

2. Learned counsel for the petitioner submitted that the festival is continuously celebrated by the community people of Kumarapettai village from time immemorial and for the said purpose, temple festival committee would be formed and the said committee would comprise of total four persons among which two persons from the Naiker community people, one person from Natar and one person from Nagarattar community. Accordingly, in the year 2023, the petitioner and one Muthukumar were nominated as festival committee of the said Temple from Naickar community and one Yagappan from Nattar community and Nachiyappan from Nagaratar community and the said community conducted festival during the year 2023. On 3-3-2024, a meeting was held among the village people for selecting the committee members. While so the 4th respondent had objected that the Chettiyar community people alone will conduct the said temple festival at present and future, since 60% of the committee members are from Chettiyar community. The same was not accepted by the petitioner and petitioner's group. As a result of which peace committee was conducted. The petitioner accepted that the belongings of the temple, including the jewelry of the prime deity, was with the custody of the petitioner, and thereafter with the cooperation of all the parties at Temple festivals conducted. However this year, when the petitioner is making arrangements for conducting the festival, the 4th respondent is hindering the same and hence the petitioner had made a representation on 07.04.2026. The same is not considered and hence this petition is filed.

3. Per contra, the learned Government Advocate submitted that the narattive submitted by the learned counsel for the petitioner is not fully correct, but the temple festival was not conducted as submitted by the learned counsel for the petitioner. While conducting peace committee in the previous year, the petitioner, by admitting the fact that he is in possession of the temple jewelleries, having not returned the same, the temple festival was not conducted thereafter. In this regard, a complaint has also been received with respect to the temple jewelry and a first information report in Crime No.120 of 2025 was registered on 19.11.2025, on the complaint of one P.L. Subramaniam as against this petitioner and five others. After registration of the same, now the petitioner has sent this representation, which cannot be considered.

4. The learned counsel for the fourth respondent categorically contended that the question of permitting the petitioner to conduct the temple festival will never arise. Having swindled all the jewelry of Arulmigu Alagiyanatch Ambal Temple, the attitude of the petitioner of not returning the temple jewelry, had constrained the 4th respondent to file a civil suit in OS.No.11 of 2026 on the file of the learned District Munsif, Thiruppathur, to declare the 4th respondent as the Trustee of for the administration of the Arulmigu Alagiyanatch Ambal Temple and the same is pending. An injunction petition in I.A.No.2 of 2026 is also pnding for

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