Subramanian Vs The Inspector of Police

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 entire records in relating to the impugned proceedings No.NIL dated 05.08.2025 of the respondent and to quash the same as arbitrary and consequently, to direct the respondent to grant appropriate permission and adequate police protection to the petitioner for celebrating the Kodai festival of the Arul migu Aathicha Nangai Amman Temple, situating in Aathichanallur, Srivaikundam Taluk, Thoothukudi District on 12.08.2025, 18.08.2025 and 19.08.2025 within the time limit that may be stipulated by this Court.

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For Petitioner: Mr.S.Jeyakarthik

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For Respondent: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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For Intervenor: Mr.Arun Ramnath

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.(MD)No.922 of 2025

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ORDER

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The petitioner has approached this Court that he sought for permission and police protection for conducting Kodai Festival in Arul migu Aathicha Nangai Amman Temple, situating in Aathichanallur, Srivaikundam Taluk, Thoothukudi District on 12.08.2025, 18.08.2025 and 19.08.2025, but the same has been rejected by the respondent. Challenging the same, the petitioner filed the present petition.

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2.The learned Additional Public Prosecutor appearing for the respondent submits that the request of the petitioner has been rejected on the ground that a murder took place in the village on 17.02.2024. However, he fairly submits that the said murder is not on account of temple festival. Though the murder is not connected with the temple festival, there is a rivalry between 2 families and hence, anticipating law and order problem, they have not granted permission for this year.

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3.Mr.Arun Ramnath, learned counsel seeks permission of this Court to file an intervening petition on behalf of one Mr.Ponnuthurai. He submits

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.(MD)No.922 of 2025

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that the proposed intervenor is having apprehension that he and his family members may not be allowed to participate in the temple festival, since he is the brother of the person who has murdered and he is an accused in Cr.Nos.127 of 2024 and 197 of 2024.

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4.This Court has considered the submissions made on either side.

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5.When the murder is not on account of the temple festival, that cannot be shown as a reason for preventing the petitioner from conducting the temple festival. For the dispute among two family members, the village festival in total cannot be prevented. The village festivals are not ordinary festivals with ordinary rituals. These festivals are conducted time immemorial every year on a particular day. The intention of these festivals is to unite the people and to perform festivals jointly. These festivals are organized in order to develop harmony among the people in the village. However, unfortunately, due to the ego clash between a few individuals in the village, there are litigations even for conducting festivals and performing poojas for the devotees.

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https://www.mhc.tn.gov.in/judis

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W.P.Crl.(MD)No.922 of 2025

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6.In view of the above, this Court directs the respondent Police to permit the petitioner to conduct temple festival by providing some additional force during temple festival, on payment of Rs.5,000/- for each Police personnels and by imposing reasonable restrictions. The petitioner shall pay the required money in the account of the respondent Police Station. The respondent Police shall also obtain an undertaking affidavit from the two families that they will not create any problem during temple festival. The respondent Police shall not permit both the families to participate at the same time during the temple festival. The petitioner shall also ensure that there is no untoward incident taken place during the temple festival.

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