ORDER

The petitioner seeks a mandamus to direct the respondents 2 and 5 to give adequate police protection to conduct the festival at Arulmigu Sri Muthumariyamman Temple at Poottai Madhura Pavalam Village, Kallakurichi District.

It is the case of the petitioner that in the aforesaid temple, the Chariot festival [Ther Thiruvizha] is celebrated. According to him, the Chariot festival is not intended to be an exclusive one nor is it a private function to any individual or a family. He alleges that there are 2 groups in the village. On account of their disputes, the temple festival is not being conducted as per customs and practice. Hence, the general public and the devotees of the temple decided to conduct the Chariot festival this year and had approached respondents 2 and 5 by way of representation on 20.08.2026 seeking protection. As the same has not been considered, he has come forward with the present writ petition.

When the matter came up for admission, taking into consideration the plea of the petitioner, I called upon Mr. Arun Anbumani to get instructions from the 5th respondent and also to serve notice on respondents 6 and 7. Ms. Poornima was called upon to get instructions from the revenue authorities. The matter was listed today.

When it was taken up, the private respondents have entered appearance through Mr. Lamech Indian. He states that the temple concerned has been constructed from and out of the funds of the family of the private respondents. He states that year on year, there has been a dispute on account of the fact that few persons are opposing the names of his clients to be printed on the festival pamphlet. He also produced an order passed by this Court in M.Kannabiran V. The District Collector, Kallakurichi District, W.P.No.30177 of 2025 dated 11.08.2026, whereunder the 6th respondent herein, as the petitioner sought for a direction that the District Collector and the Tahsildar must not interfere with the conduct of the festival in the temple. In that case, this Court had given a direction that as the temple is a private temple, in case any law and order problem is created, the Police shall take action against the mischief makers. The learned Judge has further directed that everyone must be permitted to participate in the festival and that the police must grant protection for the smooth functioning of the festival.

Ms.Poornima reports that on account of the dispute that arose last year, the Chariot festival was not celebrated but the other celebrations have taken place. Mr.Arun Anbumani states that the police will abide by the directions of this Court.

Whether the temple is a public temple or a private temple cannot be decided in a Writ Petition. If it is the assertion of the private respondents that it is a private temple and that thereby their names must be printed on the festival invitations, it is for them to approach the jurisdictional authority, that is either the civil Court or the HR& CE Department, and get a declaration that the temple is a private temple and that third parties do not have any rights over the same. As long as there is no such declaration and since the Chariot festival is going to take place in a public area, there shall be a direction to the Police to afford protection for conducting the Chariot festival. Irrespective of class, colour, creed or sex, all persons must be permitted to participate in the Chariot festival and to celebrate the same.

In the event anyone indulges in any law and order issues, the police shall ensure that strict action is initiated against them. Further, if the worshippers and general public come to a consensus and nominate a person to conduct the Chariot festival, the Revenue department will assist the said person to conduct the same. It is made clear that on no account, the temple festival has to be stopped as was done on the previous occasion.

With the above directions, this Writ Petition is disposed of. No costs.