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Madras High CourtWP Crl.(MD)/1977/2026disposed of

Sivankalai v. The State Of Tamilnadu

2026-04-07Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.490 of 2026 Sivankalai ... Petitioner Vs.

1.The Superintendent of Police, Theni, 2.The Deputy Superintendent of Police, 3.The Election Officer, Special Deputy Collector, Aundipatti Constitution, 4.The Inspector of Police, Vadakarai, Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of impugned order in Na.Ka.No.

49/Kaa.thu.ka/Periyakulam/2026 dated 01.04.2026 by the 2nd respondent in pursuance to the temple festival namely of Arulmigu Sri Veerakali Amman 1/6

Temple at Vadakarai, Periyakulam from 07.04.2026 to 09.04.2026 in which Agnichatti @ Aattachatti programmes going to held on 08.04.2026 at 05.00 p.m at 08.00 p.m and quash the 2nd condition imposed in Na.Ka.No. 49/Kaa.thu.ka/Periyakulam/2026 dated 01.04.2026 and further directing respondents to grant protection and permission to conduct the Agnichatti @ Aattachatti ritual with a group of 12 members programmes on 08.04.2026 at 05.00 p.m to 08.00 p.m.

For Petitioner : Mr.P.Praveenkumar For Respondents : Mr.M.Muthumanikkam (R3) Government Advocate (Civil) Mr.M.Sakthi Kumar (R1, R2 & R4) Government Advocate(Criminal)

ORDER

Challenging the impugned order in Na.Ka.No.49/ Kaa.thu.ka/ Periyakulam/2026 dated 01.04.2026 by the 2nd respondent in pursuance to the temple festival namely of Arulmigu Sri Veerakali Amman Temple at Vadakarai, Periyakulam from 07.04.2026 to 09.04.2026 in which Agnichatti @ Aattachatti programmes going to held on 08.04.2026 at 05.00 p.m at 08.00 p.m and quash the 2nd condition imposed in Na.Ka.No.49/Kaa.thu.ka/Periyakulam/2026 dated 01.04.2026 and further directing respondents to grant protection and permission to conduct the Agnichatti @ Aattachatti ritual with a group of 12 members programmes on 08.04.2026 at 05.00 p.m to 08.00 p.m., this writ petition is filed.

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2. The learned counsel for the petitioner submitted that though the writ petition has been filed as challenging the entire impugned order, his plight is that the second condition, i.e., his requisition for the conduct of Agnichatti (Firepot) and Aattachatti (Dancing Firepot) has been negated and the same should be set aside and the writ petition should be allowed by permitting the devotees to conduct Agnichatti (Firepot) and Aattachatti (Dancing Firepot).

3. The learned Government Advocate (Criminal) submitted that in the earlier years, several persons have offered the penance of Agnichatti (Firepot) and Aattachatti (Dancing Firepot), during which time fire accident had happened, resulting in registration of F.I.R. Hence, this year, as a precautionary measure, the particular formality has been refused.

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

5. This Court is of the considered view that the devotees of Arulmigu Sri Veerakali Amman Temple at Vadakarai, Periyakulam should not be prevented from offering any kind of prayer, including Agnichatti (Firepot) and Aattachatti 3/6

(Dancing Firepot) during temple festival. However, it is made clear that the devotees are permitted to conduct both Agnichatti (Firepot) and Aattachatti (Dancing Firepot), not in a single group, but every devotee offering Agnichatti (Firepot) and Aattachatti (Dancing Firepot) should be accompanied with 1 + 15 persons in separate groups in regular intervals and they should not cause hindrance to the other group so as to prevent any fire accident.

6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 07.04.2026 NCC : Yes / No Index : Yes / No gbg Note: Issue order copy on 07.04.2026.

TO:- 1.The Superintendent of Police, Theni, 2.The Deputy Superintendent of Police, 4/6

3.The Election Officer, Special Deputy Collector, Aundipatti Constitution, 4.The Inspector of Police, Vadakarai, Police Station, 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 07.04.2026 6/6