S.Sangaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Sangaya ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Mallanginar Police Station, Virudhunagar, Virudhunagar District.

4.The Tahsildar, Kariyapatti, Mallanginar Post, Virudhunagar.

5.Kochadai ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent no.1 to 4 to take appropriate actions against the 5th respondent and also direct to give police protection to the petitioner's party to perform the Kumbabisekam Committee in 1/7

Aandichi Amman Temple situated in Survey No.374/5 which is clarified as Natham Purambokku new S.No.478/13 Mudiyanoor Village, Kariyapatti Taluk, Virudhunagar District on the basis of the petitioner's representation dated 17.02.2026 and 04.03.2026.

For Petitioner : Mr.G.Mariappan For R1 - R3 : Mr.S.S.Manoj Government Advocate(Criminal) For R4 : Mr.C.Satheesh Government Advocate(Civil)

ORDER

Seeking to direct the respondent no.1 to 4 to take appropriate actions against the 5th respondent and also direct to give police protection to the petitioner's party to perform the Kumbabisekam in Aandichi Amman Temple situated in Survey No.374/5 which is clarified as Natham Purambokku new S.No.478/13 Mudiyanoor Village, Kariyapatti Taluk, Virudhunagar District on the basis of the petitioner's representation dated 17.02.2026 and 04.03.2026., this writ petition is filed.

2. Since no adverse order is passed against the 5th respondent, notice to the 5th respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the said temple 2/7

has nearly 200 Thalaikattutharargal. In the year 2025, the 5th respondent had undertaken for the renovation of the temple and perform Kumbabisekam, for which he was given the responsibility of collecting donations from the village, to raise construction of the temple and to celebrate Kumbabisekam with all the members. The private respondent had collected funds according to his pleasure and failed to maintain proper accounts for the income and expenditure. Hence, a complaint was given to the jurisdiction police station, pursuant to which negotiations were initiated and the 5th respondent was also advised that accounts should be scrutinized and building should be constructed according to the joint decision of all the worshippers.

However, without following the said advice of the mediators and the police concerned, the construction was carried out without getting approval from the competent authorities and structures were constructed without any stability. In this regard, a clash erupted between two groups on 18.01.2026 and the members of both the groups got injured and were admitted in the hospital. The jurisdictional police did not register any case as against both the parties and advised the parties to settle the issue amicably. However, the 5th respondent and his henchman attacked one Muthaiah with a dangerous weapon and also hurled petrol bomb over his car, following which, First Information Report in Crime No.36 of 2026 was registered on 10.02.2026 for the offences under Sections 191(1), 191(2), 326(g), 118(1) of BNS, 2023.

Even thereafter, the 5th respondent is recklessly hindering the proper function of the temple and also interfering with the administrative committee from performing the Kumbabisekam. In this regard, the representation was also sent on 17.02.2026 to the official respondents. Due to the inaction of the official respondents, this writ petition is filed.

4. The learned Government Advocate(civil) submitted that though the 4th respondent had issued summons on 10.03.2026 requiring them to appear on 13.03.2026 for the conduct of a peace committee, none turned up. Hence, further proceeding under Section 110 of the Code of Criminal Procedure / 129 of BNSS, 2023 has been initiated requiring the parties to appear on 18.03.2026.

5. The learned Government Advocate(Criminal) submitted that proceedings under Section 110 of the Code of Criminal Procedure / 129 of BNSS, 2023 has been initiated only at the instance of the 3rd respondent police and the same is yet to be concluded.

6. Heard the learned counsel on either side and carefully perused the materials available on record.

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7. Since already proceedings under Section 110 of the Code of Criminal Procedure / 129 of BNSS, 2023 has been initiated, the petitioner as well as the 5th respondent is directed to appear before the 4th respondent police and cooperate with the initiative. The respondents 1 to 4 are directed to take necessary action in this regard and dispose of the petitioner's representation dated 17.02.2026 and 04.03.2026, within a period of four (4) weeks from the date of receipt of copy of this order.

8. With the above directions, this Writ Petition stands disposed of. No costs. 18.03.2026 NCC : Yes / No Index : Yes / No gbg TO:- 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, 5/7

Mallanginar Police Station, Virudhunagar, Virudhunagar District.

4.The Tahsildar, Kariyapatti, Mallanginar Post, Virudhunagar.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

gbg Order made in Dated 18.03.2026 7/7