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Madras High CourtWP Crl.(MD)/791/2026disposed of

M.Sivanesan v. The Joint Commissioner,

2026-02-12Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY M.Sivanesan Petitioner(s) Vs

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai 625 016.

2. The Inspector of Police, Thirunagar Police Station, Madurai.

3. Ramesh

4. The Tahsildar, Madurai West, Madurai.

Respondent(s) [4th respondent is suo motu impleaded vide order of this Court dated 12.02.2026] For Petitioner(s):

Mr.T.S.Mohamed Mohideen For Respondent(s):

Mr.P.Thambidurai, Government Advocate, for R-1 & R-4 Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) for R-2 M.Mohamed Sherbudeen, for R-3 1/4

Prayer: To issue a Writ of Mandamus directing the 2nd respondent to give police protection to receive the honor of Periya Vellaiya Thevar Honor Parivattam of Pattiyan Vagaiyara and other relevant honors at Sri Aadheeswaram Temple, Vilacheri Village on account of Masi Kalari festival namely; Maha Sivaraathiri is going to be scheduled on 15.02.2026 by considering the petitioner's representation dated 04.02.2206 within a stipulated period as framed by this Court.

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the 2nd respondent to provide police protection to enable the petitioner to receive the honour of Periya Vellaiya Thevar Honor Parivattam of Pattiyan Vagaiyara and other relevant honours at Sri Aadheeswaram Temple, Vilacheri Village, in connection with the Masi Kalari festival, namely Maha Sivaraathiri, which is scheduled to be held on 15.02.2026, by considering the petitioner's representation dated 04.02.2026 within a stipulated period as may be fixed by this Court.

2. There are already several disputes between the petitioner and the 3rd respondent. The Tahsildar had earlier passed an order in favour of the petitioner herein. Against the said order, one Ramesh preferred an appeal before the District Revenue Officer. The order passed by the Revenue Divisional Officer was set aside by the District Revenue Officer. Both the orders were challenged before this Court in W.P.(MD) No.11724 of 2022. This Court, vide order dated 15.02.2023, set aside both the orders. Therefore, the petitioner cannot claim any right based on the orders 2/4

which have been set aside by this Court. However, the petitioner claims that the issue has already been considered by the village committee and that he has been elected for this year. The said statement is recorded.

3. Therefore, the petitioner is directed to produce the newly elected order before the Tahsildar. The Tahsildar shall verify the same after conducting an inquiry. The Tahsildar is further directed to issue notice to the petitioner as well as to the third respondent and also to all stake holders and pass appropriate orders forthwith.

4. With the above observations, this writ petition is disposed of. No Costs. 12-02-2026 KSA Note : Issue a copy of order on 13.02.2026 To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai 625 016.

2. The Inspector of Police, Thirunagar Police Station, Madurai.

3.The Tahsildar, Madurai West, Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

S.SRIMATHY,J KSA

ORDER

IN WP CRL.(MD) No.791 of 2026 Date : 12.02.2026 4/4