Karthikeyan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.(Crl.)No.595 of 2025 Karthikeyan ... Petitioner Vs.
1.The District Collector, Vellore District, Vellore.
2.The District Superintendent of Police, Vellore District, Vellore.
3.The Revenue Divisional Officer, Gudiyatham, Vellore District.
4.The Deputy Superintendent of Police, Gudiyatham, Vellore District.
5.The Tahsildar, Pernampattu Taluk, Vellore District.
6.The Inspector of Police, Pernampattu Police Station, Vellore District.
7.Mayavel 8.Sivakumar 9.Kamaraj 10.Murugan 11.Kumaresan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents Nos.1 to 6 to permit the petitioner and his villagers for conducting Temple festival at Melmurugai Village, Perunampet Taluk, Vellore District, from 12.08.2025 to 15.08.2025 and also provide suitable Police protection at the time of festival.
For Petitioner :
Mr.C.Deepakkumar For R1 to R6 :
Mr.R.Vinothraja, Government Advocate (Crl. Side)
O R D E R
This writ petition has filed to direct the respondents Nos.1 to 6 to permit the petitioner and his villagers to conduct the Temple festival at Melmurugai Village, Perunampet Taluk, Vellore District, from 12.08.2025 to 15.08.2025 and also provide suitable Police protection at the time of
festival.
2.The petitioner states that there is a famous temple called Sri TirupathiGangai Amman Temple in the petitioner's village. It is the case of the petitioner that the Temple festival was planned to be conducted five years ago by the 7th respondent. However, since the 7th respondent was remanded in a criminal case, the festival could not be conducted. Meanwhile, the respondents 8 to 11 had conducted the festival along with the villagers. After the 7th respondent came out in bail, he filed a civil suit in O.S.No.128 of 2020 before the District Munsif Court, Gudiyatham, claiming his rights over the Temple. It is the grievance of the petitioner that the Temple festival has not been conducted for the past five years.
Hence, the petitioner, being a member of the Village, has come forward with this writ petition seeking Police protection to conduct the festival. 3.It is brought to the notice of this Court by the learned Government Advocate (Crl. Side) that the 7th respondent has also filed similar writ petition in W.P.Crl.No.
directed the petitioner therein to approach the Civil Court which is admittedly pending in O.S.No.78 of 2020 before the District Munsif Court, Gudiyatham, which is pending at the stage of trial. It is also brought to the notice of this Court that the Revenue Divisional Officer has rejected the permission to the rival party on the ground that there is a likelihood of law and order issue in the event of conducting such festival, referring to Section 107 Cr.P.C.
4.In such view of the matter, when the rival parties are fighting for their rights over the Temple and to conduct the Temple festival, and particularly when admittedly a civil suit is pending between the parties in that regard, it is for them to approach the Civil Court to work out their remedy before the Civil Court in the pending civil suit. This Court, in a writ petition, cannot grant blanket orders of Police protection, particularly in respect of civil disputes regarding the rights over the Temple, which would lead to serious consequences. In this aspect, the Hon'ble Apex Court, in the case of PR.Muralidharan and others v. Swami Dharmananda Theertha Padar reported in 2006 (4) SCC 501, has held as follows: "...19.A Writ for ''Police Protection" so-called, has only a limited scope, as when the Court is approached for
protection of rights declared by a decree or by an order passed by a civil Court. It cannot be extended to cases where rights have not been determined either finally by the civil Court or, at least at an interlocutory stage in an unambiguous manner, and then too in furtherance of the decree or order."
5.Admittedly, when civil suit is pending between the rival parties, the parties can very well move the Civil Court for getting necessary orders. Even the petitioner, who claims to be a villager not standing on either side, can approach the Civil Court where the civil suit is pending in this regard by way of an interlocutory application and obtain necessary orders regarding conduct of festival. In such view of the matter, this Court is not inclined to entertain this writ petition.
6.Accordingly, this writ petition is dismissed. No costs. 14.08.2025 mkn Internet : Yes
Index : Yes / No Speaking order : Yes / No To 1.The District Collector, Vellore District, Vellore.
2.The District Superintendent of Police, Vellore District, Vellore.
3.The Revenue Divisional Officer, Gudiyatham, Vellore District.
4.The Deputy Superintendent of Police, Gudiyatham, Vellore District.
5.The Tahsildar, Pernampattu Taluk, Vellore District.
6.The Inspector of Police, Pernampattu Police Station, Vellore District.
7.The Public Prosecutor, High Court, Madras.
N. SATHISH KUMAR, J.
mkn W.P.(Crl.)No.595 of 2025 14.08.2025