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2026 Supreme(Online)(Mad) 43639
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
K.V. Perumal – Appellant
Versus
Superintendent of Police – Respondent
WP.Crl.(MD). No.2859 of 2026
For the Appellants/Petitioners: M. Murugesan
For the Respondents: Sivasubramanian, J. Vishnu
The court directs that in cases of factional disputes regarding the conduct of temple festivals, permission may only be granted by police authorities upon the submission of a joint undertaking by the rival groups to ensure a peaceful event.
Headnote:The case involves a dispute between rival groups over the administration and conduct of a temple festival, initiated by a petition seeking a writ of mandamus under Article 226 of the Constitution of India. The local revenue authorities had previously directed the parties toward civil litigation after a peace committee meeting failed to resolve conflicting claims. The court found that in light of the ongoing dispute between rival factions and the pendency of related proceedings, the parties must reconcile their differences to ensure the peaceful conduct of religious activities. The primary issue before the court was whether it could grant permission for the temple festival despite the existing rivalry between discordant groups. The ratio decidendi rests on the requirement for communal harmony; the court determined that the authorities may only grant permission upon the submission of a joint undertaking affidavit by the involved parties, thereby ensuring that the festival is conducted collectively under strictly imposed conditions. The writ petition stands disposed of with directions for the parties to submit a joint undertaking to the police authorities.
| Table of Content |
|---|
| 1. writ seeking police permission for conducting a temple festival. (Para 1 , 2 , 3) |
| 2. need for mediation in disputes between rival community groups. (Para 4 , 5 , 6) |
| 3. conditional permission granted based on joint undertaking by disputing parties. (Para 7) |
ORDER
The present Writ Petition has been filed seeking Mandamus, directing the respondents herein to grant permission for conducting the festival to worship the goddess from 31.05.2026 to 04.06.2026, situated at Karichipatti, Kadavur Taluk, Karur District, based on the writ petitioner's representation dated 22.05.2026.
2. Mr.Sivasubramanian, learned Government Advocate (Crl.Side), takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has submitted a representation, dated 22.05.2026, to the second respondent seeking permission to conduct the festival from 31.05.2026 to 04.06.2026 and that since no order was passed, the writ petitioner has come before this Court for the above said relief.
4. The learned Government Advocate (Crl.Side), appearing for the respondents would submit that a peace committee meeting was conducted by the Tahsildar, Kadavur Taluk, on 16.05.2026 and taking note of the rival claims, the Tahsildar, directed the parties to approach the competent civil Court.
5. It is pertinent to note that one Kuppusamy had filed a writ petition in W.P.Crl.(MD)No.2844 of 2026, challenging the said decision of the Tahsildar, Kadavur, dated 16.05.2026 and the same is pending. The learned Government Advocate (criminal side) would submit that there are two groups one headed by the petitioner and another headed by Rajendran and both parties are not permitting the other party to conduct the festival.
6. The learned counsel appearing for the writ petitioner would submit that if both the parties are agreeing for conducting the festival jointly, they may be permitted to conduct festival. He would further submit that they will follow the directions to be imposed by the Court as well as the respondent police.
7. Considering the above submissions, the respondents, upon the filing of a joint undertaking affidavit by both parties for conducting the festival jointly, shall consider the same and pass appropriate orders, imposing necessary conditions. The writ petitioner shall strictly adhere to the Circular issued by the Director General of Police, Tamil Nadu / Head of Police Force, Chennai, in Rc.No.007301/Genl.I(1)/2019, dated 09.04.2019, and comply with all other conditions imposed by the police authorities.
8. With the above directions, the Writ Petition stands disposed of.
No costs.
