← Library
Madras High CourtWP Crl.(MD)/2112/2025disposed of

Arulmigu Sri Mutharamman, Arulmighu Sri Muppidathiamman Kovil, v. The Superintendent Of Police, Tirunelveli District,

2026-02-06Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP Crl.(MD) NO. 2112 of 2025 Arulmigu Sri Mutharamman, Arulmighu Sri Muppidathiamman Kovil, Administrative Committee Rep. by S.Kaliappan S/o.Samithevar President Door No.3/74 Main Road Thanakarkulam Via Vadakkankulam Radhapuram Taluk Tirunelveli District.

Petitioner(s) Vs

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

2.The Inspector Of Police Radhapuram Police Station Radhapuram Tirunelveli District.

3. S.Velandi Respondent(s) For Petitioner(s): Mr.Aayiram.K.Selvakumar For Respondent(s): Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side) for R1 & R2 Mr.V.Sasi Kumar for R3 Mr.V.Anbarasan, Advocate Commissioner Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance

of a Writ of Mandamus, to direct the respondents more particularly the 1st and 2nd respondents to give permission for conducting Kodai Festival and Milk Pot Festival on 15.12.2025, 16.12.2025, 17.12.2025 to Arulmighu Sri Mutharamman and Arulmighu Sri Muppidathi Amman and other deities situated at Thanakkarkulam Village, Tirunelveli District, by considering the representation dated 29.10.2025.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents more particularly the 1st and 2nd respondents to give permission for conducting Kodai Festival and Milk Pot Festival on 15.12.2025, 16.12.2025, 17.12.2025 to Arulmighu Sri Mutharamman and Arulmighu Sri Muppidathi Amman and other deities situated at Thanakkarkulam Village, Tirunelveli District, by considering the representation dated 29.10.2025. 2.The contention of the petitioner is that the Paalkudam festival was conducted without any break. Subsequently, there was an objection from the 3rd respondent and the said festival was stopped for 14 years. Thereafter, the petitioner has formed a separate society and registered the same on 27.03.2012.

Now, the petitioner has taken steps to conduct the said Paalkudam festival in the year 2025 and again, a dispute arose between the petitioner and the 3rd respondent. The 3rd respondent has conducted the festival from 10.02.2025 to 12.02.2025. The petitioner is seeking to celebrate the festival from 23.02.2026 to 25.02.2026 this year. But the 3rd respondent submitted that the 3rd respondent has fixed the dates from 02.03.2026 to 04.03.2026.

3.However, the 3rd respondent is objecting stating that there is a dispute in conducting the rituals especially 3rd respondent submitted the Paalkudam should be taken from the Vinayagar temple. But the petitioner claims that there is an age old practive of taking the Paalkudam from the Ammanpeedam. In order to resolve the same, this Court appointed an Advocate Commissioner and the Advocate Commissioner has filed a detailed report stating that 133 families are supporting to take the Paalkudam from the Vinayagar temple and 47 families are supporting to take the Paalkudam from the Ammanpeedam. When there are two rival groups claiming right over the Paalkudam, both the rights ought to be allowed as per the Constitution of India.

4.Therefore, this Court is directing the petitioner to take the Paalkudam from the Ammanpeedam and the petitioner shall celebrate the Paalkudam festival from 23.02.2026 to 25.02.2026. The respondents 1 and 2 are directed to grant permission cum protection to the Paalkudam festival from 23.02.2026 to 25.02.2026 conducted by the petitioner.

5.The 3rd respondent shall conduct the Paalkudam festival from 02.03.2026 to 04.03.2026. The 3rd respondent shall submit an application for permission and protection to the respondents 1 and 2 prior to the dates. After receiving the application, the respondents 1 and 2 are directed to grant permission cum protection to the Paalkudam festival from 02.03.2026 to 04.03.2026 conducted by the 3rd

respondent.

6.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

06-02-2026 Tmg To

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

2.The Inspector Of Police Radhapuram Police Station Radhapuram Tirunelveli District.

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