As per case facts, the Petitioner sought police protection for the Thenur Mandagapadi function during the Chithirai Festival, citing past obstruction and apprehension of future interference by certain individuals. The ...
WP.Crl.(MD) No.2472 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
WP.Crl.(MD).No.2472 of 2026
M.Sonaimuthu ... Petitioner
Vs.
1.The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
Anna Nagar Police Station,
Madurai city.
3.The Joint Commissioner,
Arulmigu Kallazhagar Temple,
Alagar Kovil,
Madurai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of Writ of Mandamus, directing the
respondents to provide adequate police protection to the 3
rd
respondent Joint Commissioner / Executive Officer of Arulmigu
Kallalagar Temple for the smooth discharge of official duties to
ensure that the customary honours are conferred to the Thenur
village representatives namely the seven Karaikarars without any
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hindrance and to maintain law and order during the Thenur
Mandagapadi function scheduled on 02.05.2026.
For Petitioner : Mr.V.Meenakshi Sundaram,
Senior counsel,
For Mr.S.Balaji
For R1 : Mr.S.S.Manoj,
Government Advocate (Criminal Side)
For R2 : Mr.M.Muthumanikkam,
Government Advocate (Civil)
For R3 : Mr.C.Ramesh
ORDER
Prologue:
Madurai is not merely a city of temples; it is a civilisation of
memory. Its streets, riverbanks, mandapams, processions, festivals,
songs and silences preserve a living archive of Tamil culture. Among
the several villages which stand as sentinels of this civilisational
continuity, Thenur occupies a distinctive place.
2. Thenur, a village in Madurai District, is not to be seen
merely through the geography of fields and habitations. It is a village
of riverine memory, agrarian dignity and cultural discipline. The
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green stretches of paddy, the rhythm of cultivation, the quiet dignity
of rural households, and the collective life of its people reveal a social
order deeply rooted in tradition. It is stated before this Court that the
people of Thenur observe a strict social discipline, that intoxicants
and tobacco are eschewed within the village, and that the village
carries forward a moral imagination akin to Gandhian simplicity.
3. The connection of Thenur with Mahatma Gandhi, as placed
before this Court, is not without symbolic significance. It is
submitted that the sight of rural poverty and agrarian simplicity
around Thenur moved the conscience of the Mahatma and
contributed to his resolve to identify himself with the poorest of the
poor by adopting the simplest attire. Whether recorded by history in
documentary fullness or preserved by local memory with emotional
fidelity, the moral message is unmistakable: Thenur is projected
before this Court as a village of austerity, discipline and self-respect.
4. The said village also has an inseverable connection with the
Chithirai Festival of Madurai and the sacred procession of Lord
Kallazhagar to the Vaigai. The Thenur Mandagapadi is not
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represented merely as a local honour or a ceremonial privilege. It is
presented as a bridge between village and city, between agrarian
Madurai and sacred Madurai, between history and devotion, and
between the people of Thenur and the centuries-old Kallazhagar
festival.
5. Festivals of this nature cannot be reduced to matters of
crowd control alone. They are civilisational events. They gather
within themselves faith, folklore, ritual, public order, local history,
community memory and collective identity. The duty of the State, in
such matters, is not to create rights where none exist, nor to
adjudicate intricate hereditary disputes in writ jurisdiction, but to
ensure that recognised and existing customs are not disturbed by
unlawful obstruction and that public peace is preserved.
Case of the petitioner:
6. The petitioner claims to approach this Court as one of the
traditional representatives of Thenur village and to espouse the
cause of the seven hereditary Karikaarars who, according to long-
established custom and usage, are recipients of ceremonial honours
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during the Thenur Mandagapadi associated with the annual
Chithirai Festival.
7. According to the petitioner, the Thenur Mandagapadi
conducted at Vandiyur in the Vaigai riverbed forms an inseverable
and historically significant component of the festival connected with
Kallazhagar Temple, and the festival scheduled for the current year
is to be held on 02.05.2026.
8. The petitioner would state that, for several centuries, as part
of long-standing religious customs and usages, ceremonial honours
such as honour, parivattam and allied traditional Maryadhai have
been conferred upon the seven Karikaarars representing Thenur
village, in recognition of their historic and customary role in the
festival observances.
9. It is the petitioner’s case that such customary practice is not
merely based on usage but also stands judicially recognised. In this
regard, reliance is placed upon the order dated 20.04.2024 passed
by this Court in W.P.(MD) No.9494 of 2024, wherein continuation of
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the festival and the customary practices as followed in previous years
was permitted.
10. The petitioner would further state that he was arrayed as
the eighth respondent in the said writ proceedings and, according to
him, the said order has attained finality and binds all concerned.
11. The grievance of the petitioner is that notwithstanding the
said judicial protection, during the previous year’s festival, certain
individuals led by one Rajakumar and his associates allegedly
obstructed the temple authorities, including the Deputy
Commissioner, from conferring the customary honours upon the
Thenur representatives, thereby disrupting the traditional
observance.
12. It is specifically averred that there exists a genuine and
reasonable apprehension that the same individuals may once again
interfere with the conduct of the forthcoming festival and obstruct
the temple administration, particularly the Joint Commissioner /
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Executive Officer, from discharging official duties and conferring the
customary honours.
13. According to the petitioner, such interference would not
merely affect a private or village custom, but would amount to
obstruction of an ancient public religious practice, violation of this
Court’s earlier orders and a potential source of breach of peace and
disturbance to public order.
14. The petitioner would further state that, in anticipation of
such disturbance, a representation dated 20.04.2026 was submitted
to the respondents seeking preventive police protection to ensure
peaceful conduct of the festival and unimpeded conferment of
customary honours. Since no effective action was allegedly taken on
the said representation, the petitioner has approached this Court
invoking its extraordinary jurisdiction.
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15. It is therefore the petitioner’s case that intervention of this
Court has become necessary not for adjudication of any fresh right,
but for enforcement and protection of an existing customary practice
and for preserving law and order during the forthcoming festival.
Grounds for direction:
16. The writ petition is founded firstly on the ground that the
customary honours sought to be protected are not newly asserted
privileges but long-standing traditional observances recognised by
usage, history and prior judicial orders, and therefore deserve
protection from unlawful interference.
17. The second ground urged is that this Court, by order dated
20.04.2024 in W.P.(MD) No.9494 of 2024, has already permitted
continuance of the customary practice, and any obstruction to such
practice would amount to undermining and frustrating the
implementation of judicial orders, warranting protective directions.
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18. The third ground is founded upon apprehended breach of
peace. It is contended that in light of the disturbance allegedly
caused during the previous year’s festival, there exists a reasonable
basis for apprehending repetition of similar obstruction, which
justifies preventive intervention by this Court to preserve public
order.
19. The fourth ground is that the respondents, being entrusted
with maintenance of law and order, are under a public duty to
ensure that lawful religious practices and recognised customs are
not thwarted by private interference and that public order is
preserved during a large congregational event involving lakhs of
devotees.
20. The fifth ground is that the representation dated
20.04.2026 submitted by the petitioner seeking preventive police
protection has not evoked any effective response, thereby
necessitating issuance of a writ of mandamus to compel performance
of statutory and public duties.
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21. The petitioner further grounds the prayer on the plea that
absence of adequate police protection may result in disruption of the
festival, denial of customary honours to the Karikaarars, and
avoidable law and order complications affecting not only the
petitioner and the villagers of Thenur, but also the larger body of
devotees participating in the festival.
22. A further ground urged is that the relief sought is purely
preventive and regulatory in nature and does not require
adjudication of disputed civil rights, but only seeks facilitation of
peaceful performance of an admitted traditional observance and
protection of the temple administration in discharge of its official
duties.
23. It is also contended that the prayer subserves a larger
public interest, inasmuch as the Thenur Mandagapadi is projected
as part of the cultural and communal harmony embedded in the
Chithirai Festival and, therefore, preserving its peaceful conduct
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serves not merely private interest but public order and social
harmony.
24. Lastly, it is urged that in the absence of any equally
efficacious alternative remedy, and having regard to the immediacy
of the festival scheduled on 02.05.2026, this Court’s jurisdiction
under Article 226 of the Constitution is rightly invoked for issuance
of appropriate directions.
Arguments on either side:
25. The learned counsel appearing for the petitioner submitted
that the present writ petition concerns an important and ancient
Mandagapadi forming part of the celebrated Kallazhagar Chithirai
festival. The said Mandagapadi is known as the Thenur
Mandagapadi, and it is performed at the Thenur Mandapam situated
in the middle of the Vaigai riverbed.
26. It was submitted that the Thenur Mandagapadi has a
unique and singular significance, inasmuch as it is the only
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Mandagapadi where Lord Kallazhagar is traditionally believed to pay
money and visit the Mandapam. According to the petitioner,
originally, the said honour consisted of payment of 20 gold coins.
Thereafter, it came to be converted into 20 silver coins, and
presently, a sum of Rs.200/- is paid, along with coconut and fruits,
and the same is acknowledged by obtaining signature in the relevant
register.
27. The learned counsel elaborated that, prior to the Nayakar
rule, the Kallazhagar festival was originally performed at the Thenur
Vaigai riverbed. Later, for promoting Saivite and Vaishnavite unity,
the festival was shifted to the Madurai Vaigai riverbed by royal order.
When such shifting took place, the Karikaarars of Thenur consented
to the same and were conferred with a special customary honour at
the Mandapam in the Vaigai riverbed at Madurai. Thus, the Thenur
Mandagapadi is not a mere ritual, but a symbolic recognition of the
historic relationship between Thenur and Madurai.
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28. It was further submitted that the Meenakshi Kalyanam
festival and the Kallazhagar festival were originally separate festivals,
and that the Kallazhagar festival was associated with the Thenur
riverbed. After the Nayakar period, the two streams of devotion and
cultural identity were brought together, thereby representing the
unity of Saivite and Vaishnavite traditions. The learned counsel
submitted that the honours given to the Thenur Karikaarars are
traceable to such historical background.
29. The learned counsel submitted that the said custom has
been in existence for more than 100 years, as borne out by the report
submitted by the temple authorities before the Hon’ble Division
Bench in an earlier public interest litigation filed by one Rajakumar,
wherein the prayer was not to grant such Maryadhai to the Thenur
Karikaarars. It was submitted that the report of the temple had been
extracted in the interim order of the Hon’ble Division Bench , and
upon recording the said report, the Hon’ble Division Bench had
permitted continuance of the traditional practice.
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30. It was further submitted that the said writ petition before
the Hon’ble Division Bench is still pending, and in the meanwhile,
the custom has been protected. However, during the year 2025,
when the temple authorities attempted to implement the said order
and continue the traditional honour, a small group of persons from
outside allegedly created disturbance at the Mandapam. As a result,
the customary honours could not be properly performed and Lord
Kallazhagar had to depart from the place without the completion of
the customary observance. It is in the said background that the
present writ petition has been filed seeking police protection.
31. The learned counsel submitted that the Thenur
Mandagapadi is an identity of the people of Thenur and a reminder of
their historic connection with Madurai. It is the only Mandagapadi of
such nature among several Mandagapadis associated with the
Kallazhagar festival.
32. The learned counsel also submitted that Thenur is
historically significant not only for the Kallazhagar festival, but also
as a village associated with Gandhian values. It was submitted that
Mahatma Gandhi had passed through Thenur, took a solemn resolve
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there, and thereafter adopted the simple attire which became
symbolic of his identification with the poor and the common people
of India. It was further submitted that Thenur remains a village
without a TASMAC shop and without sale of tobacco products within
the village, thereby preserving a distinctive social and cultural
identity.
33. The learned counsel further explained the sequence of the
festival. Lord Kallazhagar descends into the Vaigai river, proceeds
thereafter to the Thenur Mandapam, gives Shaba Vimochana to
Manduga Maharishi near Vandiyur in the Vaigai riverbed, and
thereafter the Thenur Mandagapadi is performed. The seven
Karikaarars are made to stand and receive the traditional honours,
whereafter the Lord leaves the Mandapam.
34. It was submitted that on 01.05.2026, Lord Kallazhagar
would arrive in the morning and thereafter proceed to Rama Rayar
Mandapam for the water-spraying ceremony. On the next day,
namely 02.05.2026, the Lord would proceed in Garuda Vahanam
from Rama Rayan Mandapam to the Thenur Mandagapadi, perform
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the ritual relating to Manduga Maharishi, and thereafter return in
Sesha Vahanam.
35. The learned counsel also submitted that the Chithirai
festival is not merely a religious event, but a grand celebration of
Madurai’s composite culture. It was submitted that Lord Kallazhagar
also visits a Muslim household, where he is offered a Lungi as a
garment, and this practice symbolises communal harmony. It was
further submitted that the deity which goes in procession remains
outside the temple for a certain period thereafter, reflecting another
layer of tradition associated with Thulukka Nachiyar. According to
the learned counsel, these customs are signs of harmony among
communities and religions.
36. The learned counsel submitted that the petitioner seeks no
adjudication of any rival civil or hereditary right in this writ petition.
The only prayer is for ensuring that the traditional Thenur
Mandagapadi is not obstructed by outsiders and that sufficient
police protection is provided at the Thenur Mandapam, in addition to
the general festival bandobust.
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37. The learned counsel specifically submitted that the
customary honours are to be received by the seven Thenur
Karikaarars by their traditional titles and not as individual private
persons. The seven Thenur Karikaarars entitled to receive the
Mandagapadi honours at the Vaigai riverbed from Lord Kallazhagar
are:(1)Munsif Karikaarar (2)Kanakkapillai Karikaarar
(3)Sethuramalinga Pillai Karikaarar (4)Nattamai Karikaarar
(5)Ottadukku Karikaarar (6)Maniakarar Karikaarar (7)Servai
Karikaarar.
38. It was submitted that these Karikaarars represent the
traditional categories recognised by the village and that there is no
present dispute among them. The petitioner’s grievance is only
against third parties and outsiders who may attempt to interfere with
the customary honour. Therefore, the learned counsel prayed that
the respondents may be directed to provide adequate police
protection at the Thenur Mandapam and to ensure that the
customary honours to the seven Thenur Karikaarars are peacefully
performed.
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39. The learned Government Advocate appearing for the official
respondents submitted that the respondents have no objection to the
peaceful performance of the customary Thenur Mandagapadi,
subject to maintenance of law and order and compliance with the
overall arrangements made for the Chithirai festival.
40. It was submitted that the Kallazhagar festival attracts a
massive public gathering. The learned Government Advocate (Crl)
submitted that for the Alagar festival alone, nearly five lakh devotees
and members of the public are expected to participate, and even
during the concluding portions of the festival, there would be a
minimum participation of about three lakh persons.
41. The learned Government Advocate (Crl) further submitted
that the Chithirai festival is the identity of Madurai and the
surrounding districts. It was submitted that people belonging to all
religions and communities participate in the festival, and that it is
one of the rare festivals in Tamil Nadu where all sections of society
jointly conduct, participate in and celebrate the event.
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42. With regard to police protection, it was submitted that
police personnel are usually deployed as part of the general festival
bandobust. However, it was also fairly submitted that an incident
had occurred last year in connection with the honours claimed by
the Karikaarars, and therefore, the request for focused protection at
the Thenur Mandapam may be considered by the Court.
43. The learned Government Advocate, however, submitted
that deployment of 100 additional police personnel exclusively for the
Thenur Mandapam may not be practically possible, considering the
large-scale security arrangements required throughout the festival
route and at various Mandagapadis. Nevertheless, it was submitted
that necessary and adequate police protection would be provided at
the relevant place to prevent breach of peace.
44. The learned Government Advocate further submitted that
the order may not record the names of private individuals as
hereditary beneficiaries, as such recording may create future
complications. Instead, it was suggested that the customary honour
may be referred to by the traditional titles of the Karikaarars, namely
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Munsif Karikaarar, Kanakkapillai Karikaarar, Sethuramalinga Pillai
Karikaarar, Nattamai Karikaarar, Ottadukku Karikaarar, Maniakarar
Karikaarar and Servai Karikaarar.
45. It was further submitted that the identification of the
person who would represent each Karikaarar title may be left to the
established village custom and temple practice, and that the police
would only ensure maintenance of law and order and prevent
obstruction by outsiders.
46. The learned Government Advocate therefore submitted that
appropriate directions may be issued to ensure peaceful conduct of
the Thenur Mandagapadi, without conferring any fresh right upon
any individual and without disturbing the pending proceedings
before the Hon’ble Division Bench.
47. The learned counsel appearing for the temple/other side
submitted that several writ petitions have been filed in connection
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with different Mandagapadis and customary honours forming part of
the Chithirai festival. It was submitted that the temple authorities
are required to conduct the festival peacefully and in accordance
with established usage, but cannot adjudicate disputed hereditary or
customary rights between rival individuals or groups.
48. It was submitted that if there is an admitted custom, the
temple will conduct the ritual in the usual manner. However, the
temple cannot be made a forum for resolving disputes as to who
among different persons is entitled to receive the honour, unless
such identification is made in accordance with custom, village
decision or competent orders.
49. The learned counsel therefore submitted that the order
may be carefully worded so as to permit the performance of the
Thenur Mandagapadi and receipt of honours by the recognised
Karikaarars, without naming individual persons as exclusive right
holders and without giving scope for further disputes.
50. It was further submitted that the seven Karikaarars, if
recognised by their traditional titles and permitted to come forward
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to receive honours in accordance with the established practice,
would sufficiently protect the custom while avoiding unnecessary
individual rivalry.
51. The learned counsel therefore prayed that the writ petition
may be disposed of with suitable directions to the police and temple
authorities to maintain peace, regulate the gathering, and ensure
that the customary honours are performed without disturbance.
Point for consideration:
52. The following point arises for consideration in this writ
petition:
Whether, in the light of the earlier order passed by the Hon’ble
Division Bench in W.P.(MD) No.9494 of 2024, the admitted antiquity
of the Thenur Mandagapadi, the apprehension of obstruction during
the forthcoming Chithirai Festival, and the public duty of the
respondents to maintain law and order, this Court ought to issue a
Writ of Mandamus directing the respondents to provide adequate
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police protection and facilitate the peaceful conduct of the Thenur
Mandagapadi scheduled on 02.05.2026?
Analysis:
53. The Chithirai Festival of Madurai is not a festival of one
denomination alone. It is a public festival of history, faith, culture
and common participation. The materials placed before this Court
indicate that after the celestial wedding of Lord Sundareswarar and
Goddess Meenakshi, the procession of Lord Kallazhagar to Madurai,
His entry into the Vaigai, His journey towards Vandiyur, His
association with Manduka Maharishi and His connection with
Thenur Mandagapadi together form a ritual sequence of deep
antiquity and public reverence.
54. The Thenur Mandagapadi, as projected before this Court,
has a special place in that sequence. It is said to be connected with
the earlier location of the festival at Thenur and the subsequent
shifting of the celebration to Madurai. The very existence of
ceremonial honours to the Thenur Karikaarars is explained as a
recognition of that historical transition. This Court is not required in
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this writ petition to pronounce upon all historical claims with the
precision of a civil trial. It is sufficient to note that the custom is not
a newly invented assertion, but one which has already received
recognition in earlier proceedings before this Court.
55. At this juncture, it is necessary to extract the first
paragraph of the interim order passed by the Hon’ble Division Bench
of this Court in W.P.(MD) No.9494 of 2024, since the same records
the report of the temple administration and throws immediate light
upon the nature of the custom:
“Pursuant to our last order dated 18.04.2024, today, when the
case is taken up for hearing, Mr.S.Manohar, learned Standing
Counsel appearing for the respondent temple has submitted the
following report:
",e;jpUf;Nfhapypd; 1433k; gryp 2024Mk; Mz;L rpe;jpiug;
ngUe;jpUtpoh tUfpw 19.04.2024 Kjy; 20.04.2024 tiu
eilngwTs;sJ. nku;gb jpUtpohtpy; 23.04.2024k; Njjp fhiy 5.51
kzpf;F Nky; 6.10 kzpf;Fs; mUs;kpF fs;sofu; itif Mw;wpy;
vOe;jUSfpwhu;. Nkw;gb jpUtpohtpw;F jkpofj;jpy; midj;Jg;
gFjpfspypUe;Jk; gy;yhapuf;fzf;fhd gf;ju;fs; mofu;NfhapYf;F
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tUif jUthu;fs;. ,J jkpofj;jpd; Kf;fpa jpUtpohf;fspy;
xd;whf Fwpg;gplg;gl;L (Notified Festival) cyfk; KOtJk; cs;s
kf;fshy; mwpag;gl;L rpwg;ghf tUle;NjhUk; nfhz;lhlg;gl;L
tUfpwJ.
Nkw;gb rpj;jpiu jpUtpohtpy; jhj;;gupaNk. kz;^f
KdptUf;F rhg tpNkhrdk; mspg;gjw;fhfNt> mUs;kpF fs;sofu;
mofu;NfhtpypUe;J Gwg;gl;L kJiuf;F tUk; topfspy; cs;s gy
kz;lfg;gbfspy; gf;ju;fSf;F Nrit rhjpj;J ,Wjpapy;
tz;bAupy; itifahw;wpd; fiuapy; mike;jpUf;Fk; NjD}u;
kz;lfg;gbapy; fUl thfdj;jpy; vOe;jUsp Nrit rhjpf;fpwhu;.
,t;thW tz;bA+u; NjD}u; kz;lfg;gbapy; kz;L;{f
KdptUf;F rhg tpNkhrdk; toq;fpa gpd;G> jpUf;Nfhapy;
epu;thfj;jhy; NjD}u; fpuhkj;ij Nru;e;j Vgfiufhuu;fSf;F
guk;giuahf> ghuk;gupa gof;f tof;fg;gb kupahijfs; njhd;W
njhl;L toq;fg;gl;L tUfpwJ vd;w tpguk; njuptpj;Jf;
nfhs;sg;gLfpwJ.
(Xk;) ny.fiythzd;
Jiz Mizau; /nray; mYtyu;
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/cz;ik efy;/Mizg;gb/
fz;fhzpg;ghsu;."
56. The above report is of considerable relevance. It is not a
private assertion. It emanates from the temple administration and
was recorded by the Hon’ble Division Bench. It expressly states that
after Lord Kallazhagar grants relief to Manduka Maharishi at the
Thenur Mandagapadi in Vandiyur, honours have been traditionally
given by the temple administration to the persons of Thenur village
according to hereditary and traditional custom.
57. The Hon’ble Division Bench, after considering the said
report, further observed that the practice of conducting the
Mandagapadi at Thenur Mandapam near Vandiyur at the Vaigai
River had been followed for several hundred years. It was further
observed that the age-old custom could not be suddenly changed on
the basis of the writ petition filed before the Division Bench. Most
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significantly, the Hon’ble Division Bench directed that the festival, as
per the custom being conducted till the previous year, should be
continued to be conducted that year also.
58. This Court is conscious that the said proceedings before
the Hon’ble Division Bench are stated to be pending. Therefore, this
Court does not propose to decide any issue which would prejudice
the pending writ petition. The scope of the present writ petition is
narrow. It does not seek declaration of hereditary title. It does not
seek adjudication of inter se disputes among rival claimants. It does
not invite this Court to identify individual beneficiaries by name. It
seeks police protection to ensure that an existing and judicially
noticed custom is not obstructed by private interference and that the
temple administration is able to perform its duties peacefully.
59. In matters of this nature, the distinction between
adjudication of civil or customary rights and protection of public
order must be carefully maintained. The former may require
evidence, trial and final determination by competent forum. The
latter falls squarely within the public duty of the State. When a large-
scale public religious festival is scheduled, when lakhs of devotees
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are expected to participate, and when there is a specific
apprehension based on the alleged disturbance of the previous year,
the police authorities cannot remain passive.
60. Article 226 of the Constitution of India empowers this
Court to issue appropriate directions for enforcement of legal and
public duties. The maintenance of law and order during public
festivals is a fundamental public duty of the State. The right of
devotees to participate in a lawful religious festival and the right of
temple authorities to conduct the festival in accordance with
established usage cannot be allowed to be defeated by obstruction,
intimidation or disorder.
61. The Government Advocate has fairly submitted that the
official respondents have no objection to the peaceful performance of
the Thenur Mandagapadi, subject to maintenance of law and order
and the overall arrangements made for the Chithirai Festival. The
submission that deployment of an excessive number of police
personnel exclusively at one point may not be practically possible is
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reasonable. At the same time, the State cannot avoid its obligation to
provide focused and adequate protection at a sensitive ritual point
where disturbance is apprehended.
62. The submission made on behalf of the official respondents
that the order may refer to the seven Karikaarars by their traditional
titles rather than by individual names is also reasonable. Such a
course protects the custom without converting this writ proceeding
into a declaration of individual hereditary entitlement. Accordingly,
this Court deems it appropriate to refer only to the traditional titles,
namely, Munsif Karikaarar, Kanakkapillai Karikaarar,
Sethuramalinga Pillai Karikaarar, Nattamai Karikaarar, Ottadukku
Karikaarar, Maniakarar Karikaarar and Servai Karikaarar.
63. The temple administration shall perform the Thenur
Mandagapadi in the usual manner and in accordance with
established custom and practice, subject to the orders passed and to
be passed in W.P.(MD) No.9494 of 2024. The police authorities shall
not decide hereditary rights. They shall not substitute themselves for
the temple administration or the village custom. Their role shall be
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confined to maintaining law and order, preventing obstruction,
regulating the crowd, ensuring safe access and preventing any third
party from interfering with the lawful discharge of duties by the
temple authorities.
64. This Court also records that the Chithirai Festival
represents the composite culture of Madurai. The materials placed
before this Court speak of the blending of Shaivite and Vaishnavite
traditions and the symbolic practices associated with communal
harmony, including the association of Lord Kallazhagar with
Thulukka Nachiyar. In such a festival, no person or group can be
permitted to create disorder in the name of rivalry, sentiment or
assertion. Devotion cannot be allowed to descend into disturbance.
Custom cannot be allowed to be converted into conflict.
65. The prayer in the writ petition is preventive, regulatory and
protective. It seeks implementation of existing practice and
preservation of public order. Having regard to the earlier order of the
Hon’ble Division Bench, the temple report recorded therein, the
admitted importance of the festival, the immediacy of the event
scheduled on 02.05.2026 and the fair stand taken by the official
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respondents, this Court is of the considered view that the writ
petition deserves to be allowed with suitable directions.
66. In the result, this Writ Petition is allowed with the following
directions:
(i) The respondents 1 and 2 shall provide adequate and
effective police protection for the peaceful conduct of the Thenur
Mandagapadi forming part of the Chithirai Festival scheduled on
02.05.2026.
(ii) The respondents 1 and 2 shall ensure that the 3rd
respondent / Joint Commissioner and Executive Officer of Arulmigu
Kallazhagar Temple is enabled to discharge official duties peacefully
and without obstruction during the said Mandagapadi.
(iii) The 3rd respondent / temple administration shall conduct
the Thenur Mandagapadi in the usual manner, in accordance with
the established custom and practice followed in previous years and
subject to the orders passed or to be passed in W.P.(MD) No.9494 of
2024.
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(iv) The customary honours, including Maryadhai, payment of
mandagapadi fees by Lord and allied traditional ceremonial
observances, shall be permitted to be conferred upon the seven
traditional Thenur Karikaarars by their traditional titles, namely,
Munsif Karikaarar, Kanakkapillai Karikaarar, Sethuramalinga Pillai
Karikaarar, Nattamai Karikaarar, Ottadukku Karikaarar, Maniakarar
Karikaarar and Servai Karikaarar, in accordance with established
practice.
(v) This order shall not be construed as declaration of any
individual hereditary right in favour of any private person and shall
not prejudice the rights of parties in any pending proceedings,
including W.P.(MD) No.9494 of 2024.
(vi) The police authorities shall prevent any obstruction,
intimidation, crowd disturbance or unlawful interference by any
third party during the performance of the Thenur Mandagapadi.
(vii) The respondents 1 and 2 shall deploy such number of
police personnel as may be considered adequate by the competent
police authority, keeping in view the sensitivity of the ritual, the
expected gathering and the alleged disturbance of the previous year.
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(viii) The police authorities shall regulate the movement of
devotees, villagers, Karikaarars, temple servants and members of the
public in such manner as to ensure safety, dignity of worship and
uninterrupted performance of the ritual.
(ix) No person or group shall take advantage of this order to
create any fresh claim, rivalry or obstruction during the festival.
(x) The respondents shall act upon the petitioner’s
representation dated 20.04.2026 in the light of the above directions
and make necessary arrangements sufficiently in advance of the
event scheduled on 02.05.2026.
Epilogue:
67. The Court parts with this matter with a word of caution
and hope. A festival which has travelled through centuries must not
be made captive to momentary disputes. The river Vaigai has
witnessed kingdoms rise and fall, communities gather and disperse,
and generations bow in devotion. The procession of Lord Kallazhagar
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is not merely a movement of the deity; it is the movement of
Madurai’s collective soul.
68. Thenur, with its agrarian grace, Gandhian memory,
cultural restraint and historic connection with the Kallazhagar
festival, deserves to have its traditional observance preserved with
dignity. The honours conferred during the Mandagapadi are not to be
viewed as ornaments of personal prestige, but as symbols of
continuity, gratitude and inherited responsibility.
69. Public festivals are tests of public discipline. The true
measure of devotion lies not in the loudness of assertion, but in the
depth of restraint. Those who gather in the name of faith must
remember that the sanctity of the ritual is preserved not by
confrontation, but by order, reverence and mutual accommodation.
70. The State, the temple administration, the village
representatives and the devotees shall therefore act in unison to
ensure that the Thenur Mandagapadi is performed peacefully,
gracefully and in accordance with custom. The Vaigai shall not be a
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witness to discord. It shall remain, as it has long remained, a flowing
symbol of Madurai’s faith, fraternity and cultural immortality.
29.04.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Sml
Note: Issue order copy on 29.04.2026.
To
1.The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
Anna Nagar Police Station,
Madurai city.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Sml
WP.Crl.(MD)No.2472 of 2026
29.04.2026
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