Ayyanar v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ayyanar ... Petitioner Vs.
1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.
2.Arulmigu Pattalamman Muthaiah Swamy Thirukovil, Represented by its Trustee, Melmangalam Village, Periyakulam Taluk, Theni District.
3.The Deputy Superintendent of Police, Periyakulam, Theni District.
4.The Inspector of Police, Jeyamangalam Police Station, Theni District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for 1/6
the records relating to the impugned restraining order passed by the fourth respondent dated 05.10.2025, and quash the same and consequently, direct the respondents to allow the petitioner and the Kallar community to conduct the festival temple at Mulaipari procession during the Arulmigu Pattalamman Muthaiah Swamy Thirukovil, scheduled from 13.10.2025 to 16.10.2025, in accordance with the permission already granted by the seconnd respondent/Trustee vide letter dated 26.09.2025 and further, direct the respondents to ensure the smooth and peaceful conduct of the said temple festival and Mulaipari procession. For Petitioner : Mr.M.Jerin Mathew for Mr.M.Maharaja For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R.1 Mr.R.G.Shankar Ganesh for R.2 Mr.A.Albert James Government Advocate (Criminal Side) for R.3 & R.4 Mr.S.Madhavan for Intervenor
ORDER
Heard both sides.
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2.The case on hand pertains to celebration of the petition mentioned temple festival. The writ petitioner represents the Kallar community of Melamangalam Village. The only request made by the petitioner is that the Kallar community should be permitted to take the Mulaipari procession.
3.Fortunately, there is no opposition from the trustees or other devotees. The petitioner does not claim or assert any right. Mulaipari is a form of expressing one's devotion. The jurisdictional Police rejected the writ petitioner's request on the ground that it may lead to law and order problem. Before me, not only the trustees but other factions are also represented. All of them have stated that they have no objection for conceding the writ petitioner's prayer. When all the fellow villagers support the request made by the writ petitioner, I am certain that there is no scope for law and order issues.
4.In any event, the Inspector of Police will not have jurisdiction to reject the request of this nature. More than anything else, it pertains to the enforcement of one's fundamental right under Article 25 of the 3/6
Constitution of India. In this view of the matter, the order impugned in the writ petition is quashed. The petitioner gives an undertaking that he will ensure the smooth conduct of the event. It is made clear that if any untoward incident happens, it is the writ petitioner who has to answer for the consequences. The petitioner is permitted to conduct Mulaipari as prayed for.
5.This Writ Petition is allowed on these terms. No costs. 10.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 10.10.2025.
To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.
2.The Trustee, Arulmigu Pattalamman Muthaiah Swamy Thirukovil, Melmangalam Village, 4/6
Periyakulam Taluk, Theni District.
3.The Deputy Superintendent of Police, Periyakulam, Theni District.
4.The Inspector of Police, Jeyamangalam Police Station, Theni District.
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G.R.SWAMINATHAN, J.
MGA 10.10.2025 6/6