Kottavilai St. Antonys Family Kurusadi, v. The State Of Tamilnadu, Rep By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1935 of 2025 and W.M.P.Crl.(MD).Nos.467 and 468 of 2025 Kottavilai St.Antony's Family Kurusadi Burial Ground and Property Maintenance Charitable Trust, Rep. by its President, J.David ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Sub Inspector of Police, Karungal Police Station, Kanyakumari District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned rejection order in GI/901/51233/25 dated 26.10.2025 passed by the second respondent and quash the same and thereby direct the second respondent to grant adequate police protection to conduct 1/5

All-souls day mass and related program dated 02.11.2025, conducted once in a year in the family burial ground situated in Rsy Nos:543/8, 543/10 having old Survey No:7233A of Pallor Village, Killioor Taluk, Kanyakumari District. For Petitioner : Mr.G.Cenil For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For intervenor : Mr.V.Sasikumar

ORDER

This Writ Petition is filed challenging the impugned order passed by the second respondent dated 26.10.2025 and consequently, to direct the second respondent to grant adequate police protection to conduct All Souls Day mass on 02.11.2025 in the family burial ground situated in Rsy Nos:543/8, 543/10 having old Survey No:7233A of Pallor Village, Killioor Taluk, Kanyakumari District.

2. The learned counsel for the petitioner would submit that the petitioner had been observing All Souls Day all these years; that in this regard, when a representation was made this year, the Sub Inspector of Police had rejected the said request stating that there is likely to be law and order problem; and that there was no law and order problem during all these years. 2/5

3. The learned counsel representing Mr.Pauldurai sought to intervene and submitted that the petitioner shall not be allowed to conduct any other festival; and that they have no objection for observance of All Souls Day.

4. The learned Additional Public Prosecutor, on instructions, would submit that the petitioner's request was rejected only because they anticipated protest by the villagers.

5. The respondents are however not able to point out as to what is the nature of protest or objection, they anticipate.

6. The learned Additional Public Prosecutor, on instructions, would now fairly submit that on receipt of fresh representation, the respondents would consider the petitioner's request favourably on certain conditions.

7. In view of the above submission, this Court is of the view that instead of requesting the petitioner to send another representation, the second respondent shall consider the earlier representation and pass orders by 01.11.2025.

3/5

8. With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

31.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm Note: Issue order copy by 31.10.2025.

To 1.The Superintendent of Police, Kanyakumari District.

2.The Sub Inspector of Police, Karungal Police Station, Kanyakumari District.

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

4/5

SUNDER MOHAN, J.

Lm W.P.Crl.(MD).No.1935 of 2025 31.10.2025 5/5