WP CRL.(MD). No.3887 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 03.09.2026

Delivered on : 01.10.2026

CORAM

THE HON'BLE DR. JUSTICE P. MURUGAN

W.P.Crl.(MD) No. 3887 of 2026

{CNR: HCMD010943312026}

Case QR

N.Senthil Murugan,

S/o Nallaperumal Konar,

45, Muthu Naicker Kovil Street,

Thoothukudi,

Thoothukudi District. ... Petitioner

Vs.

1. The Superintendent of Police,

Thoothukudi,

Thoothukudi District.

2. The Inspector of Police,

North Police Station,

Thoothukudi,

Thoothukudi District.

3. P.Balamurugan,

S/o Paramasivam,

D.No. 11/362-2, Iruthayammal Nagar,

Thoothukudi,

Thoothukudi District.

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WP CRL.(MD). No.3887 of 2026

4. C. Ganapathy,

S/o Chellappa,

D.No. 49/3a/3b,Ponnagaram,

Thoothukudi Taluk,

Thoothukudi District.

5. C.Paramasivan,

S/o S.Chellappa,

D.No. 11/32-12, Irudhaiyammal Nagar,

Thoothukudi Taluk,

Thoothukudi District.

6. A.Rajendiran,

S/o Aandaperumal,

D.No .50,Theppakulam Street,

Near Bethasda Lab,

Thoothukudi Taluk,

Thoothukudi District.

(R4 to R6 are impleaded as per order of this Court

dated 31.08.2026 in WPMP.Crl(MD).1143/2026

in WP.Crl(MD).3887/2026 by PMNJ.) ... Respondents

For Petitioner : Mr.Aayiram K. Selvakumar

For Respondents : Mr.C.Susikumar

Government Advocate (Criminal Side)

for R1 & 2

: Mr.A.Arun Ramanath for R4 to 6

Prayer: Writ Petition is filed under Article 226 of the Constitution

of India, to issue a Writ of Mandamus by directing the respondents 1

and 2 to provide adequate police protection to conduct the Temple

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WP CRL.(MD). No.3887 of 2026

festival of Petitioner family God Sri Brahmmasakthi, Sri

Petchiamman and Sri Vembadi Sudalaimada Swamy Temple

situated at Muthu Naicker Street, Thoothukudi North, which is

scheduled to be held from 17.08.2026 to 19.08.2026 based on the

petitioner's representation dated 30.06.2026.

O R D E R

This relief sought for in this Writ Petition is to direct the

respondents 1 and 2 to provide adequate police protection to conduct

the Temple festival of Sri Brahmmasakthi, Sri Petchiamman and Sri

Vembadi Sudalaimada Swamy Temple situated at Muthu Naicker

Street, Thoothukudi North, which is scheduled to be held from

17.08.2026 to 19.08.2026 based on the petitioner's representation

dated 30.06.2026.

2. Brief facts is that the petitioner is an acting President of Sri

Brahmmasakthi, Sri Petchiamman and Sri Vembadi Sudalaimada

Swamy Temple situated at Muthu Naicker Street, Thoothukudi

North. The petitioner's family have been worshiping the said deity.

The said deity was established by their forefather, viz., Arumuga

Konar. The said Arumuga Konar has 2 sons, viz., Shanmuga Konar

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and Arunachala Konar. After the demise of said Arumuga Konar, his

son, viz., A.Shanmuga Konar was rendering the pooja of the said

family deity for several years. The said Shamnuga Konar has 4 sons,

viz., Chellappa, Kandasamy, Nallaperumal and Aandaperumal. After

the demise of the said A.Shanmuga Konar, the petitioner, who is son

of S.Nallaperumal Konar and, one Ramachandran, S/o Chellapa

Konar were rendering pooja and conducting festivals for nearly 50

years in the capacity of President and Secretary respectively.

3.During the petitioner's father Nallaperumal Konar’s

tenure, he was cordially coordinating every one of the family of

Arumuga Konar heirs as one family and was conducting pooja in an

amicable and smooth manner to the said family deity. Nallaperumal

Konar died in the year 1995. After his demise, the family members

of Chellapa Konar were dominating the temple festival as they were

majority in numbers. They have not conducted proper temple

festival which ought to be conducted every year. The petitioner and

other family members were consistently urging them to conduct

pooja and festivals together, where the heirs of Chellapa Konar are

disturbing the petitioner's peaceful worshipping and maintaining the

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WP CRL.(MD). No.3887 of 2026

temple as if they are claiming the temple belongs to them.

4.Amidst of the great struggle, the petitioner conducted

temple festival for the year 2023, as the petitioner's son availed

orders from this Court in W.P (MD) No 20025 of 2023, dated

18.08.2023. In order to stall the festival, the third respondent filed a

writ petition in W.P (MD) No. 20824 of 2023 and the same was

dismissed on 25.08.2023. The third respondent is disturbing the

petitioner's right to worship and restraining them from offering

Kodai to the Temple. Therefore, the petitioner filed a suit in O.S.No

85 of 2023 on the file of Principal District Munsif, Thoothukudi, for

declaration with respect to the right of worship to the family god and

restraining the Ganapathy and 9 others including the third

respondent from the disturbance for the peaceful conducting pooja

and worship. The said suit is pending now.

5.Due to the demise of the petitioner's another son, viz.,

Ramachandran, the petitioner could not be conducted the festival in

2024. Thereafter, the petitioner decided to conduct periodical Kodai

festival for the year 2025, for which the petitioner's son sent a

representation to the second respondent on 24.07.2025 with respect

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WP CRL.(MD). No.3887 of 2026

to permission and adequate police protection to conduct the temple

festival, since it was not considered, the petitioner's son, viz., Muthu

Ganesh filed a Writ Petition in W.P.Crl.(MD).No.974 of 2025. In

the meanwhile the third respondent also filed a Writ Petition in

WP.Crl (MD).No.872 of 2025 to grant adequate police protection

for the same days, in order to prevent the petitioner to conduct the

Kodai. Both the writ petitions were filed for conducting Kodai

festival in their individual capacity.

6.Having no consence arrived, by common order dated

08.09.2025, it was ordered that in view of the dispute between the

two petitioners, which has to be resolved only by the civil Court, the

police can not interfere and grant protection. Therefore, this Court

was not inclined to issue any direction to the respondent police to

provide police protection as prayed for in both the writ petitions.

Thereby, both the writ petitions were dismissed. Having the Kodai

festival not conducted, the petitioner's relatives felt unhappy as their

offering is not fulfilled. The third respondent's group are not

interested to conduct any festival. In the year 2026 also, the

petitioner decided to conduct periodical Kodai Festival from

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17.08.2026 to 19.08.2026. For that purpose, the petitioner submitted

a representation before the respondent police in person on

22.06.2026. Having no action from the respondent police, the

petitioner sent representation to the respondents 1 and 2 on

30.06.2026 by RPAD. Since there is no response, this writ petition

has been filed.

7.Heard both sides. Perused the records. Considered the

submissions raised by both sides.

8.From the facts narrated above, in the last year when the

petitioner's son and the third respondent approached this Court for

police protection to conduct the festival by separate writ petition to

conduct festival by separately for the same day. Having there was

no consence, both the petitions dismissed directing both the

petitioners therein to work out the remedy before the civil Court.

Further facts from the petitioner's affidavit stated above disclose the

petitioner filed a civil suit in O.S.No.85 of 2023 for declaration of

worshiping the temple right and also permanent injunction,

restraining the defendants, including the third respondent herein, for

peacefully conducting pooja and worship of the subject temple

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which is pending. The learned counsel for the petitioner submitted

that the suit in O.S.No.85 of 2023 is reserved for judgment, but as of

now when the arguments was taken place no judgment has been

passed.

9.This Court, by an order, dated 11.08.2026 directed the

petitioner and the third respondent to appear before this Court on

13.08.2026 for formal enquiry, regarding the conduct of temple

festival.

10.As per the orders dated 17.08.2026 on the request of the

petitioner that the civil suit was posted for judgment, this case was

adjourned to 19.08.2026. As per the orders of this Court dated

19.08.2026, it was submitted by the learned counsel for the

petitioner that the temple festival postponed to 15.09.2026 and the

third respondent may have no objection, subject to the Devasthanam

being permitted to participate in the festival.

11.At this juncture, the learned counsel for the third

respondent sought an adjournment to obtain and file an affidavit

from the third respondent in that regard. If the third respondent files

any affidavit, the petitioner was permitted to file affidavit with

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regard to the schedule of festival and the program details. Recording

the same, the case was adjourned to 21.08.2026. On 21.08.2026, the

third respondent filed an affidavit before this Court, but, it was not

in proper format. Therefore, the third respondent sought time to

come up with the proper affidavit.

12.As per the order dated 24.08.2026, the petitioner filed

affidavit dated 21.08.2026, suggesting a future date for celebrating

the temple festival. The learned counsel for the third respondent

expressed his inability to make any submission at this stage stating

that the third respondent is working in Chennai and has gone there to

attend his work. Therefore, he sought some time to obtain a better

affidavit from the third respondent. It was recorded in the said order

that, if the third respondent does not come forward with an affidavit,

this Court would hear the parties on the basis of the records

available and to pass orders on merits. The learned counsel for the

third respondent informed the Court that he would advise the third

respondent to file an affidavit before this Court.

13.As per the order dated 28.08.2026, it was recorded that

the learned counsel for the third respondent submitted that the third

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respondent is not ready to file an affidavit as per the earlier

undertaking given by the third respondent, through his counsel. It

was recorded. Then the three proposed parties filed an application to

implead them as respondents and after recording, it was adjourned to

31.08.2026. As per the orders of this Court dated 31.08.2026, in the

interim application in W.M.P.(Crl.) (MD) No.1143 of 2026, the

proposed respondents have been impleaded as parties in this case, as

respondents 4 to 6 and the matter has been adjourned on the ground

that the Principal District Munsif, Thoothukudi, will deliver the

judgment in O.S. No. 85 of 2023 in the meantime. Thereafter, the

matter was listed on 03.09.2026 and after hearing both sides, it was

reserved for orders.

14.From the facts narrated above though there was a friction

in the family of the Nalla Perumal Konar and Chellappa Konar to

conduct festival and worship the subject deity and for the year 2025,

when the petitioner's son and the third respondent approached this

Court seeking police protection to conduct the Kodai festival

separately and having no consence reached both the writ petitions

dismissed by common order dated 08.09.2025 in W.P.Crl.(MD)Nos.

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872 and 974 of 2025 holding that the dispute between the two rival

parties have to be resolved only by the civil Court. It is also

evidenced from the records submitted by both sides, the petitioner

already filed a suit in O.S.No.85 of 2023 for declaration and

injunction relief for worshiping and conducting temple festival to

the subject deity and also restraining the defendants therein and in

which the third respondent also one of the defendants.

15.Having the comprehensive suit was pending before the

civil Court and approaching this Court for police protection

permitting them to conduct the festival, which is a subject of the suit

cannot be entertained straightaway. This Court also tried to

convince the parties to conduct the Kodai festival in this year with

consence subject to the out come of the suit in O.S.No.85 of 2023.

However, both the petitioner and the private respondents 4 to 6

stood their own stand that they may be permitted to conduct the

festival separately, but not jointly. Therefore, no effective order has

been passed, permitting the petitioner to conduct the temple festival.

Anyhow civil suit is the right way to decide the rights of the parties.

16.This order was already dictated to the P.A. and it was

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under typing. At that juncture, the learned counsel for the petitioner

mentioned that the civil case in O.S.No.85 of 2023 was disposed of

by the Principal District Munsif Court, Thoothukudi, on 18.09.2026

by decreeing the suit by permitting all the Clans or lineage of

Arumuga Konar to conduct the pooja and administration on roation

basis of every year and placed a copy of the judgment. In the

judgment, all the six legal heirs of Arumuga Konar have given the

right to administer the subject temple for one year on rotation basis.

That judgment is in clear term vesting the rights of each legal heirs

of Arumuga Konar. Therefore, this Court may consider it before

pronouncing the order in this case.

17.Though this Court taken the above view as per the

preceding paras, but before listing this matter for orders, the learned

counsel for the petitioner brought to the notice of the judgment

passed by the Principal District Munsif Court. Therefore, it is just

and necessary to extract the prayer sought for in the said suit and the

result given by the civil Court is as follows:

“The prayer in that suit is as:

This suit was instituted on 24.03.2023

under Section 26 read with order IV Rule 1 and

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Order VII Rules 1 to 7 of the Code of Civil

Procedure,1908, seeking a declaration that the

plaint schedule temple is the family temple of the

plaintiff and the plaintiff and his family members

have the right to enter the temple, offer prayers

and perform poojas as and when required, a

consequential permanent injunction restraining

the defendants, their men, agents, or any person

claiming through or under them from in any

manner interfering with or preventing the

plaintiff or his family members from entering the

temple and offering prayers and poojas to the

deity, a mandatory injunction directing the

defendants to hand over one of the keys of the

temple to the plaintiff, and a further direction that

the management and administration of the

templebe undertaken by the plaintiff for one year

and by the defendants for the succeeding year on

a rotational basis, along with such other reliefs as

this Hon’ble Court may deem fit and proper and

costs of the suit.

The operative portion of judgment in O.S.No.85

of 2023 is as :

In result, the suit is decreed in part on the

following terms;-

It is hereby declared that the suit schedule

temple is a family temple of the descendants of

Arumuga Konar through his sons, namely,

Shanmuga Konar and Arunachala Konar, and

their respective legal heirs. The plaintiff, being

one of the descendants of Arumuga Konar

through his son Shanmuga Konar, is entitled to

enter the suit temple, worship the deity, offer

prayers and perform pooja in accordance with the

established practices of the temple. The

defendants, their men, agents or any person

claiming through or under them are hereby

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permanently restrained from interfering with of

preventing the plaintiff from entering the suit

temple and exercising his right of worship. No

branch or individual member of the family shall

claim any exclusive right over the temple so as to

obstruct any other member of the family from

exercising his or her right of worship.

2.The defendants are hereby directed to

cause six duplicate keys of the suit temple to be

prepared and to entrust one key to each of the six

branches of the family, namely, (i) the branch of

ChellappaKonar, (ii) the branch of Kandaswami

Das, (iii) the branch of Nallaperumal, (iv) the

branch of Aandaperumal, (v) the branch of

Chandran and (vi) the branch of Navaneetha

Krishnan. Each branch shall nominate a person to

have custody of the key on its behalf.

3.The custody of the respective keys

shall be only for the purpose of facilitating access

to the suit temple and enabling the members of

the respective branches and other members of the

family to exercise their right of worship. Such

custody shall not confer upon any branch or any

person having custody of the key any exclusive

right of ownership, possession or permanent

management over the temple.

4.The administration and management of the

suit temple shall be carried on by the aforesaid six

branches on a rotational basis, each branch taking

charge for a period of one year, in the following

order:(i) ChellappaKonar branch; (ii)

KandaswamiDas branch; (iii) Nallaperumal

branch; (iv) Aandaperumal branch; (v) Chandran

branch; and (vi) Navaneetha Krishnan branch;

and thereafter the rotation shall continue in the

same order.

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5.The preparation and distribution of

the six duplicate keys shall be independent of the

rotational arrangement for administration and

management of the temple. The branch having

administrative charge during a particular year

shall not be entitled to demand surrender of the

keys held by the other branches. However, the

parties in possession of the key shall give prior

intimation to the branch having administrative

control over the temple during the relevant period

regarding their intended opening of the temple.

Such prior intimation shall be solely for the

purpose of maintaining transparency and ensuring

accountability in the handling, protection and

safeguarding of the temple properties, as well as

for making necessary arrangements for the

Poojari and performance of Poojai.

6.The branch having charge of the

administration during the relevant year shall be

responsible for the day-to-day affairs of the

temple, including regular poojas on Tuesday and

Friday, annual KovilKodai and other customary

religious functions, and shall maintain proper and

complete accounts of all income and expenditure

relating to the temple.

7.The temple funds shall, as far as

practicable and subject to applicable banking

requirements, be maintained in a bank account in

the name of the deity/temple or joint account of

office-bearers and shall not be kept in the

personal custody of any individual member.

Proper accounts shall be maintained andmade

available for verification by the representatives of

all the six branches.

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8.At the expiry of every one-year term,

the outgoing branch shall convene a meeting of

the representatives of all the six branches after

giving prior notice to all the branches, specifying

the date, time and place of such meeting. The

administration and management shall be handed

over to the succeeding branch in the said meeting.

9.At such annual meeting, the outgoing

branch shall produce the accounts of the

preceding year, including the particulars of

income, expenditure and balance amount, and

shall hand over the same, together with the

records and other temple articles relating to the

administration, to the succeeding branch. The

handing over and transfer of management shall be

conducted openly and transparently in the

presence of the representatives of all the six

branches and shall be duly recorded.

10.If the branch whose turn has arisen is

unwilling or unable to undertake the

administration during that particular year, such

unwillingness or inability shall be expressed in

writing and produced before the said family

meeting. Thereafter, the administration shall pass

to the immediate succeeding branch in the order

of rotation, and such fact shall be duly recorded

in the proceedings of the meeting. The branch

which has declined to take charge shall, continue

to participate in the rotation in the succeeding

cycle in the ordinary course.

11.The branch having charge of the

administration during a particular year shall act

only as the administrator for that period and shall

hold the temple funds, records and other articles

for the benefit of the family temple. Such

administration shall not conferupon that branch

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any exclusive right of ownership, possession or

permanent management over the temple.

12.Every member of the family,

including female members and the legal heirs

belonging to the aforesaid six branches, shall

have the right to enter the suit temple and offer

worship in accordance with the established

practices of the temple. No branch or individual

member shall obstruct such right of worship.

13.The rotational right of administration

is attached to the turn of each branch and is

limited to one year. The non-conduct of the

KovilKodai, whether due to the death of a family

member or any other unfortunate intervening

event, does not extend the branch's tenure or

postpone the turn of the succeeding branch. Upon

expiry of the allotted period, administration shall

pass to the succeeding branch in the established

order of rotation.

14.The above arrangement is made for

the purpose of ensuring the peaceful, transparent

and accountable administration of the family

temple and shall not be construed as conferring

any exclusive right upon any particular branch.

There shall be no orders as to costs.”

18.Recording the above, having the civil Court decided the

rights of the parties, in O.S.No.85 of 2023, this Writ Petition is

dismissed, with a direction to the parties to abide the civil Court

decree as per law.

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19.In the result, this Writ Petition is dismissed, with the

observation that the parties are directed to abide the civil Court

decree passed in O.S.No.85 of 2023 on the file of the Principal

District Munsif, Thoothukudi, in accordance with law.

Internet:Yes 01.10.2026

Index:Yes/No

NCC:Yes/No

LS

TO

1. The Superintendent of Police,

Thoothukudi,

Thoothukudi District.

2. The Inspector of Police,

North Police Station,

Thoothukudi,

Thoothukudi District.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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DR.P.MURUGAN,J.

LS

Pre-delivery order made in

W.P.Crl.(MD) No.3887 of 2026

01.10.2026

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