Shanmugam Udayar v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2026
CORAM:
THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY [Through Video Conferencing] in Writ Petition No.2563 of 2026 1.Shanmugam Udayar 2.Ramasamy Nainar 3.Paramasivam Nainar 4.Rajagopal Yadav 5.Annadurai Padayachi 6.Venugopal Chetty 7.Manikandan Aachari 8.Deivasigamani Aachari ...
Petitioners /vs/ 1.District Collector, st Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore - 607 001.
2.Revenue Divisional Officer (RDO), st Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore - 607 001.
3.Tahsildar, Tittagudi Taluk,
Cuddalore District.
4.Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
5.Joint Commissioner, Hindu Religious and Charitable Endowments, Government Office, Cuddalore, Tamil Nadu.
6.Assistant Commissioner, Hindu Religious and Charitable Endowments, Government Office, Cuddalore, Tamil Nadu.
7.Village Administrative Officer (VAO), Avatti Village, Tittagudi Taluk, Cuddalore District.
8.Inspector of Police, Avatti Village, Tittagudi Taluk, Cuddalore District.
...
Respondents Prayer: Review Application is filed under Order XLVII Rule 1 read with Section 114 of C.P.C., to review the order dated 29.01.2026, passed in W.P.No.2563 of 2026.
For Petitioners ... Mr.G.Surya Narayanan For R1 to R3 ... No Appearance For R4 to R6 .... Mr.Chandraprabu Standing Counsel
ORDER
This Review Application has been filed seeking review of the order dated 29.01.2026 passed in W.P.No.2563 of 2026.
2. The prayer in the said writ petition was for issuance of a Writ of Mandamus directing the respondents 1 to 3, along with the eighth respondent, to consider the petitioner's representation seeking permission to conduct the Ther procession of Arulmigu Varadaraja Perumal Thirukoil, Avatti Village, Tittagudi Taluk, Cuddalore District, on all festival days through the route indicated by the petitioner, within a time frame to be fixed by this Court.
3. After considering the prayer and the submissions made, and upon taking note of the earlier order passed in W.P.(Crl.)No.535 of 2025, wherein the prayer was to grant police protection and not to obstruct the peaceful conduct of the Paalkudam and Swami Processions scheduled on 15.08.2025 and 16.08.2025 in respect of the very same temple, this Court observed that merely because the petitioner's group desires to conduct a procession through particular streets, the same cannot be permitted in a manner that would hurt or disrupt the sentiments of the rival group. The Court further held that whenever the Police Authorities or the H.R. & C.E. Department apprehend a likelihood of a law and order problem, permission need not be granted. It was also observed that the procession could be considered only if the petitioner and his group agreed to an amicable settlement with the rival group. The Court further held that, in the absence of any agreement between the parties, they would have to abide by the
decision of the authorities, who are best placed to assess and decide the issue based on the ground realities.
4. The order passed in W.P.No.2563 of 2026 reads as follows: ''10. In view thereof, this writ petition is disposed of on the following terms:
(i) The Authorities shall once again convene a Peace Committee Meeting involving everyone, within a period of two (2) months from the date of receipt of the webcopy of the order and if there is any amicable resolution as ordered in the earlier writ petition in W.P.(Crl.)No.535 of 2025, dated 14.08.2025, the Ther Veedhi Ula can be resumed.
(ii) No costs.''
5. The present Review Petition has been filed on the ground that, as on date, there is no dispute or law and order issue with regard to the conduct of the temple festivals through the regular procession route. It is submitted that the temple in question celebrates festivals throughout the year and that there is a customary route through which the deity is taken in procession. According to the petitioner, no objection has been raised by any quarter with respect to the said regular route. It is further submitted that W.P.(Crl.)No.535 of 2025 related only to a particular festival during which objections had been raised. Therefore, if the authorities were to decide the issue strictly in terms of the order passed in W.P.(Crl.)No.535 of 2025, the same may not be appropriate in the present
circumstances. Hence, the learned counsel for the petitioners prayed that the direction issued in the writ petition be suitably modified.
6. The learned counsel appearing for the H.R. & C.E. Department submitted that the authorities have no objection to the Review Petition being allowed and that the procession may be permitted to proceed through the customary route. It is relevant to note that even in W.P.(Crl.)No.535 of 2025, this Court had observed that permission could be granted if there was no objection from the concerned parties. In any event, since it is now specifically pleaded that W.P.(Crl.)No.535 of 2025 pertained only to a particular festival, the direction contained in Paragraph 10(i) of the order dated 29.01.2026 in W.P.No.2563 of 2026 shall stand modified as follows: (i) Having regard to the ground realities prevailing at the relevant point of time, it shall be open to the authorities to grant permission for taking the deity in procession through the customary route in connection with the temple festivals. (ii) No costs.
7. The Review Application stands disposed of accordingly. No costs. 03.06.2026
smn2 To:
1.District Collector, st Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore - 607 001.
2.Revenue Divisional Officer (RDO), st Floor, New Collectorate Building, Collectorate, Manjakuppam, Cuddalore - 607 001.
3.Tahsildar, Tittagudi Taluk, Cuddalore District.
4.Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
5.Joint Commissioner, Hindu Religious and Charitable Endowments, Government Office, Cuddalore, Tamil Nadu.
6.Assistant Commissioner, Hindu Religious and Charitable Endowments, Government Office, Cuddalore, Tamil Nadu.
7.Village Administrative Officer (VAO), Avatti Village, Tittagudi Taluk, Cuddalore District.
8.Inspector of Police, Avatti Village, Tittagudi Taluk, Cuddalore District.
D.BHARATHA CHAKRAVARTHY, J.
smn2 in Writ Petition No.2563 of 2026 03.06.2026