Kanagaraj v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025 CORAM :

THE HON`BLE MRS.JUSTICE S.SRIMATHY WP.CRL.(MD)Nos.2584 & 2502 of 2025 WP.CRL.(MD)No.2584 of 2025 Kanagaraj ... Petitioner Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Srivaikundam Range, 2.The Inspector of Police, O/o.The Inspector of Police, Seithunganallur, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in connection with the impugned rejection order passed by him vide his proceedings dated 05.12.2025 and quash the same as illegal and arbitrary consequently direct the respondents to grant permission and necessary protection to perform the cultural event Srikallanda samy Thirukovil at Karungulam Village, Srivaikundam Taluk, Thoothukudi District based on the representation in person on 13.11.2025. 1/6

For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate(Crl.side) WP.CRL.(MD)No.2502 of 2025 T.Esakkimuthu ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Srivaikundam, 3.The Inspector of Police, Seithunga Nallur Police Station, 4.A.Kanagaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in connection with the impugned order of rejection passed by him in his proceedings No.Nill dated 05.12.2025 and thereby direct the respondents to grant permission for the petitioner to conduct Kodaivizha for Arulmigu Kallandaswamy Thirukovil, Karungulam village, Thoothukudi Distirct within the time limit that may be stipulated by this Court. 2/6

For Petitioner : Mr.M.Raja Ravi Varma For R1 to R3 : Mr.A.S.Abul Kalaam Azad, Government Advocate(Crl.side) For R4 : Mr.A.S.Vaigunth COMMON ORDER These writ petitions have been filed by the rival parties as against the rejection order passed by the respondent Police, dated 05.12.2025. By the impugned order, the respondent Police has refused to grant permission to conduct festival in the subject temple on the ground that there is a dispute between two group and therefore, there is a possibility of arising of law and order problem. For the sake of convenience and brevity, the parties will be referred to as per their status/ranking in WP.CRL.(MD)No.2502 of 2025. 2.The contention of the petitioner is that in the year 2021, the petitioner was staying at Chennai and he could not make any arrangements for the festival and therefore, he directed the fourth 3/6

respondent to conduct the festival. The fourth respondent has also conducted the festival for the years from 2021 to 2023. Subsequently, in the year 2024, the petitioner has conducted the festival and the fourth respondent has not objected the same. For this year, the fourth respondent has raised objection to conduct the festival by the petitioner, since the petitioner has conducted the festival in the year 2024 and therefore, this year its his turn to conduct the festival. 3.When this Court raised a specific query to the fourth respondent as to whether he has conducted the festival before 2021, the specific answer is 'no'. Therefore, this Court is of the considered opinion that the claim raised by the fourth respondent is incorrect.

iv)festival must be conducted by following the customary practice and v)the respondent Police shall give necessary Police protection for the peaceful conduct of the temple festival. 4.With the above directions, these writ petitions are disposed of. The fourth respondent is at liberty to approach the civil Court to establish his right, if any. No costs.

17.12.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Srivaikundam Range, 3.The Inspector of Police, O/o.The Inspector of Police, Seithunganallur, 5/6

S.SRIMATHY,J gns WP.CRL.(MD)Nos.2584 & 17.12.2025 6/6