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Madras High CourtWP Crl.(MD)/1512/2026disposed of

S.Rajkumar v. The District Collector,

2026-03-18Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.Crl.(MD)No.367 of 2026 S.Rajkumar ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

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

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

4.The Revenue Divisional Officer, Aruppukottai, Virudhunagar.

5.The Tahsildar, Kariyapatti Taluk, Mallanginar Post, Virudhunagar.

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

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7.The Joint Commissioner, HR & CE Department, Madurai.

8.The Assistant Commissioner, HR & CE Department, Virudhunagar, Virudhunagar District.

9.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 6 to take appropriate action against the 9th respondent and to regulate the Kumbabisekam ceremonies 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 06.04.2026 or any other subsequent days by including the petitioner based on the petitioner's representation dated 11.02.2026 and 02.03.2026.

For Petitioner : Mr.G.Mariappan For R2,R3 & R6 : Mr.M.Sakthi Kumar Government Advocate(Criminal) For R1,R4 & R5 : Mr.M.Muthumanikkam 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 2/7

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 respondents 7,8 & 9, notice to them is dispensed with.

3. The learned counsel for the petitioner submitted that the said temple has nearly 200 Thalaikattutharargal. In the year 2025, the 9th 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 9th 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 3/7

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 9th 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 9th 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 representations were also sent on 11.02.2026 and 02.03.2026 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 5th 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 4/7

BNSS, 2023 has been initiated only at the instance of the 6th 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.

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 9th respondent is directed to appear before the 5th respondent police and cooperate with the initiative. The respondents 1 to 6 are directed to take necessary action in this regard and dispose of the petitioner's representations dated 11.02.2026 and 02.03.2026, 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. Consequently, connected Miscellaneous Petition is closed. 18.03.2026 NCC : Yes / No Index : Yes / No gbg 5/7

TO:- 1.The District Collector, Virudhunagar, Virudhunagar District.

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

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

4.The Revenue Divisional Officer, Aruppukottai, Virudhunagar.

5.The Tahsildar, Kariyapatti Taluk, Mallanginar Post, Virudhunagar.

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

7.The Joint Commissioner, HR & CE Department, Madurai.

8.The Assistant Commissioner, HR & CE Department, Virudhunagar, Virudhunagar District.

9.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