WP.Crl.(MD) No. 5336 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on: 25.09.2026

Delivered on : 30.09.2026

CORAM

THE HONOURABLE DR. JUSTICE P. MURUGAN

W.P. Crl.(MD) NO. 5336 of

2026

{CNR: HCMD011356422026} Case QR

Ilango,

S/o Malaiyandi,

Lindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk, Madurai District. ... Petitioner

Vs.

1. The State of Tamil Nadu,

Rep. by The Superintendent of Police,

Madurai District, Madurai.

2. The Inspector of Police,

Keezhavalavu Police Station,

Madurai District.

3. Sivan,

S/o Palani,

Iindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk,

Madurai District.

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WP.Crl.(MD) No. 5336 of 2026

4. Arulmani,

S/o Sivan,

Iindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk,

Madurai District.

5. Maruthupandi,

S/o Palani,

Iindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk,

Madurai District.

6. Kumaresan,

S/o Arulmani,

Iindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk,

Madurai District.

7. Senthil,

S/o Sithiraivel,

Iindira Nagar,

Vannaamparaipatti,

Kottanathampatti Post,

Melur Taluk,

Madurai District.

8. Pavunraj,

S/o Maruthupandi,

Iindira Nagar,Vannaamparaipatti,

Kottanathampatti Post,Melur Taluk,

Madurai District. ... Respondents

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WP.Crl.(MD) No. 5336 of 2026

For Petitioner: Mr.S. Sankar

For Respondents : Mr.C.Susikumar,

Government Advocate (Criminal Side)

for R1 & 2

: Mr.N.Karthik Kanna for R3 to 8

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

India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to

give permission and police protection to the Puratasi Pal Kudam Festival

to be conducted between 17.09.2026 and 27.09.2026 in Arulmigu Sree

Nanthi Perumal Swamy Temple situated in Vannamparaipatti Village,

Melur Taluk, Madurai.

ORDER

The prayer in this Writ Petition is to issue a Writ of Mandamus, to

direct the respondents 1 and 2 to give permission and police protection to

the Puratasi Pal Kudam Festival to be conducted between 17.09.2026 and

27.09.2026 in Arulmigu Sree Nanthi Perumal Swamy Temple situated in

Vannamparaipatti Village, Melur Taluk, Madurai.

2. The facts narrated in the affidavit of the petitioner is as that he is

residing at Vannaamparaipatti, Kottanathampatti Post, Melur Taluk,

Madurai District. He is one of the members of Muniyan Vakaiyara in his

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WP.Crl.(MD) No. 5336 of 2026

village. Arulmigu Sree Nanthi Perumal Swamy temple is situated in his

village which is a 300 years old Temple. It belongs to Muniyan Vakaiyara.

It is also a Kuladeivam Temple to the Muniyan Vakaiyara from time

immemorial. They used to conduct two important festivals in a year as

Pankuni Pongal festival and Puratasi Palkudam Festival.

3. In addition to that they are used to conduct special poojas during

Hindu festivals. For this year, their Muniyan Vakaiyara decided to conduct

Palkudam festival during the month of Puratasi from 17.09.2026 to

27.09.2026. Last year, in 2025, the third respondent and his relatives

created a trouble and tried to spoil the function. They were claiming

worshiping right and conducting of festival right in the above said temple.

The third respondent also filed a writ petition in W.P.Crl.(MD)No. 1353

of 2025, with a prayer for worshiping and participation right with respect

to Arulmigu Sree Nanthi Perumal Swamy Temple.

4.It was disposed of by an order dated 24.09.2025, directing the

third respondent herein, who was the petitioner in the said writ petition, to

approach before the civil Court for establishing any such right in the above

said temple. The private respondents are not Pangalees, but Maman -

Machan relationship, as per the customs, they are not eligible to worship

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and participate in the said temple, which belongs to the petitioner

Vakaiyara people. As against the writ petition order, the private

respondents neither not filed any appeal nor civil suit. In the given

circumstances, the private respondents are trying to create problem and

want to spoil the Puratasi Palkudam festival.

5.They also parked mini door autos infront of the temple and

made hindrance to the petitioner and his Vakaiyara to enter into the

temple. It is a clear violation of the religious right enshrined under

Articles 25 to 28 of the Constitution of India. For permission and police

protection, the petitioner made a representation dated 10.09.2026 to the

second respondent, but no action has been taken. Further representation

dated 15.09.2026 also sent to the first respondent, but till date no response.

Hence, this Writ Petition.

6.Brief facts from the counter filed by the third respondent

adopted by the respondents 4 to 8 is as that the respondents 4 and 8 are

Minors. All the allegations in the affidavit of the petitioner is false,

frivolous, baseless, and unsustainable in law. The subject temple is a

common village temple belonging to five distinct lineage/community

divisions (Karai Vakaiyaras), including the Pusari, Kathan, Kulukandi,

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WP.Crl.(MD) No. 5336 of 2026

and Parai Karuppan lineages, as well as Nalla Pichan (Maman-Machnan

Vakaiyara).

7.Nalla Pichan Vakaiyara comprises, around 40 families reside

in the temple village. Historically, two of the three main keys to the temple

has been under the lawful custody of their lineage as the a fact recognized

as in 1962 civil Court decree. The Puratasi festival is a public village

celebration, where every traditional Vakaiyara contributes Thalaikattu vari

to participate and perform their respective customary rituals. The

petitioner and his Muniyan Vakaiyara have been continuously attempting

to discriminate, exclude, and marginalize Nalla Pichan Vakaiyara

community from paying Thalaikattu Vari and participating in the festival

rituals, therefore, attempting to usurp total control over the temple

administration.

8.In the referred W.P.Crl.(MD) No. 1353 of 2025, the Muniyan

Vakaiyara gave undertaking that there would be no hindrance or

interference in the private respondents' worship and participation in the

festival. Recording the same, that case was disposed of, directing the

parties claiming exclusive administrative title to approach the civil Court.

That order was disregarded by the petitioner. For this year, 2026 Puratasi

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festival, the petitioner unilaterally refused to accept Thalaikattu vari from

Nalla Pichan lineage and he is resorting to illegal social discrimination.

9.The 1962 decree only declares about the Poosari rights and

lineage dispute, it no way curtails the temple festival rights of the private

respondents. The other allegations are falsified one. Regarding the unjust

boycott, exclusion, and threats by the petitioner, the third respondent

submitted a detailed representation dated 08.09.2026 to the District

Collector, Madurai, and other officials, to permit the Nalla Pichan

Vakaiyara to pay Thalaikattu vari, to allow them to perform the traditional

worship and rituals without discrimination; and no unilateral police

protection or permission to be granted to the petitioner's group to the

exclusion of other traditional worshippers.

10.Therefore, this Writ Petition is devoid of merits and liable to

be dismissed and to pass suitable direction to the respondents 1 and 2 and

revenue authorities to ensure that the Puratasi festival is conducted

peacefully and impartially by accepting Thalaikattu vari from all

Vakaiyaras including the respondents 3 to 8 Nalla Pichan Vakaiyara,

without any discrimination.

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

submissions raised by both sides.

12.The sum and substance of the petitioner's case is as that the

subject temple of Arulmigu Sree Nanthiperumal Swamy temple situated in

Vannamparaipatti Village, Melur Taluk, Madurai District is a Kulatheivam

to the Muniyan Vakaiyara. The private respondents 3 to 8 are not

Bangalees, but they are Maman – Machan relationship with the petitioner

and the Muniyan Vakaiyara. This fact is not disputed by the private

respondents through their counter and also the submission from the

learned counsel for the private respondents. Thereby, it is concluded that

the petitioner and the private respondents are not Bangalees, but , they are

Maman – Machan relationship.

13.It is the case of the petitioner that the subject temple is the

Kulatheivam of Muniyan Vakaiyara. However, the respondents 3 to 8 did

not dispute whether the said subject temple is the Kulatheivam temple or

not, however, the private respondents and their lineage are worshiping the

temple from participating in any of the festival is not in dispute.

14.The short issue is that having the private respondents are not

Bangalees with the Muniyan Vakaiyara, whether they can be permitted to

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pay Thalaikattu vari is the case to be decided in this case?

15.The third respondent already approached this Court in

W.P.Crl.(MD)No.1353 of 2025 with a prayer to the third respondent

therein, i.e. the Inspector of Police, Keezhavalavu Police Station, Melur,

Madurai District, to consider all the five Vakaiyara people, including the

petitioner therein in Nalla Pichan Vakaiyara people, are allowed to

participate without any discrimination, by collecting Thalaikattu vari from

them and to permit them to perform their customary rituals in the Purattasi

Pongal Festival was scheduled to be conducted on 28.09.2025 at the

subject temple.

16.Considering the prayer therein, this Court by and order dated

24.09.2025, ordered the petitioner herein, who was the fourth respondent

in that case, has given undertaking that the third respondent herein, who

was the petitioner therein, may attend purattasi festival and participate in

the worship etc., but as far as the Thalaikattu vari is concerned, the

petitioner therein has no right, wherein the petitioner therein is the

Maman-Machan relationship with the fourth respondent and others

therein. The claim of the third respondent in this case also similar in

nature that the petitioner herein has to collect Thalaikattu vari from the

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private respondents, in which the earlier writ petition order dated

24.09.2025 was clear that the relief of the third respondent herein is not

maintainable as it involves disputed question of fact and the rights of the

parties can only be decided by the civil suit.

17.Having the third respondent's right to pay the Thalaikattu vari

was rejected and they have to approach the civil Court to exercise their

rights, now the same relief as objection from the private respondents in

this writ petition cannot be acceptable and however, the private

respondents may work out further remedy before the civil Court whether

or not they have a right to pay Thalaikattu vari to the Kulatheivam temple

of the petitioner.

18.The counter of the private respondents is as that the

respondents 4 and 8 are minors, thereby the case against the minors cannot

be entertained, without the guardian. To that aspect, they produced birth

certificate of the fourth respondent, who born on 20.10.2009 and eight

respondent, who born on 13.05.2010. As per the copies of the birth

certificates, the respondents 4 and 8 are minors as on when this petition

was filed on 21.09.2026. Therefore, as the writ petition has been filed

without impleading their guardians, the petition cannot be entertained as

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against the respondents 4 and 8. Accordingly, this writ petition is

dismissed as against the respondents 4 and 8.

19.The private respondents referred the civil Court decree of the

year 1962, but, no copy of the decree placed before this Court, to consider

the same. However, in the counter, the third respondent stated that the civil

Court decree is only for poosari right and lineage curtail and it no way

curtails the private respondents temple right. Though the private

respondents are relative to the petitioner as Maman – Machan relationship

of Nalla Pichan Vakaiyara may also participate in the subject temple,

without any hindrance or trouble and to worship also. As far as the

concept of Thalaikattu Vari is concerned, the same is to be decided by the

Civil Court in a suit instituted by the affected party.

20. The case of the petitioner is that the Muniyan Vakaiyara has

been administering the temple from time immemorial of more than 300

years and when a person is administering the temple by customs for more

than three contrary is not a right person to approach the Court, wherein,

the private respondents claim administration control or payment of

Thalaikattu vari to the subject temple and to get the right and control of

the temple they only have to go to the civil Court to invoke their right.

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Even as per the earlier order passed by this Court in W.P.Crl.(MD)No.

1353 of 2025 dated 24.09.2026, the private respondents sofar not

approached any authority, Therefore, the private respondents have no

right to call into question the petitioner’s right to conduct two poojas in a

year, as per the scheduled dates.

21.The schedule date for the Puratasi Palkudam festival between

17.09.2026 and 27.09.2026, and as of now, the schedule date was over,

wherein keeping the matter for pending consideration, one or the other,

would render the prayer infructuous. However, if the petitioner could not

conduct the said festival on the scheduled dates, he may re-fix the date in

due course and intimate the same to the respondent police by submitting a

formal request for police protection to conduct the festival.

22.In view of the above, this Writ Petition is disposed of with the

following directions:

(i) The petitioner is directed to make a fresh representation to the

second respondent with schedule date, if the Puratasi Palkudam festival

was not taken place from 17.09.2026 to 27.09.2026 by re-fixing the date in

due course and to seek formal permission and police protection to conduct

the said festival;

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(ii) Once such application is given by the petitioner, the second

respondent police is directed to give permission and police protection to

the said temple festival at free of cost;

(iii) The private respondents 3 to 8 and other people on their side

have right to worship and participate the temple, without any hindrance. In

this regard, the petitioner should not make any trouble to the private

respondents to participate and worship in the temple;

(iv) As far as the Thalaikattu vari payment claim made by the private

respondents is concerned, let them work out remedy before the civil Court

by filing a suit; and

(v) If at all the private respondents ready to pay any amount to the

temple, let them pay as donation and the same to be received by the

petitioner by issuing receipts;

(vi) If the private respondents would make any nuisance, problem,

trouble for conducting the temple festival, the second respondent is

directed to take appropriate legal action against the erring people during

the temple festival; and

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(vii) This writ petition is dismissed as far as the minor respondents 4

and 8 are concerned.

Internet:Yes 30.09.2026

Index:Yes/No

NCC:Yes/No

LS

To

1. The Superintendent of Police,

Madurai District,

Madurai.

2. The Inspector of Police,

Keezhavalavu Police Station,

Madurai District.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

Note: Issue order copy on 30.09.2026

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DR. P. MURUGAN, J.

LS

Pre-delivery Order made in

W.P.Crl.(MD) No. 5336 of 2026

30.09.2026

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