WP CRL.(MD)/5399/2026 of R.Rajkumar Vs The State of Tamilnadu on 28 September 2026

O R D E R

The petitioner filed a writ petition, to issue a Writ of Mandamus, directing the respondents to grant permission and adequate police protection to conduct Sree Magamayee @ Chinnakaruppu Periyakaruppu Nadagam on 29.09.2026 from 10.00 p.m at permanent stage in front of Sree Thirumeni Ayyanar Temple at Kunapanenthal Village, Ilayankudi Taluk, Sivagangai District.

2. The reason for filing this writ petition is as that already one Mr.M.Joseph Amalraj, filed a writ petition before this Court in W.P.Crl. (MD) No. 5248 of 2026, seeking permission and adequate police protection to conduct the 155th year of St. Michael’s Church Festival and Chariot Procession, scheduled to be held on 29.09.2026 at S.F.No. 358/23, Kunappanenthal Village, Ilayangudi Taluk, Sivagangai District.

3. By an order dated 17.09.2026, on knowing that there is a Hindu temple festival scheduled to be conducted on 29.09.2026, this Court directed respondents 1 and 2 therein, viz., the Revenue Divisional Officer and the Tahsildar, to consider the representation submitted by the petitioner and pass appropriate orders, taking a better decision and the decision shall be communicated to the petitioner forthwith. Once the revenue authorities granted permission to the petitioner as well as to the organisers of the Hindu temple festival, it was directed that it would be the duty of the police authorities, viz., respondents 3 and 4, to provide adequate police protection for both the Church procession and the Hindu temple procession conducted by the Hindu community.

4. Based on that order, the Tahsildar, Ilayangudi Taluk, convened a discussion meeting with two groups and allowed the petitioner as well as the Christian community to proceed with the respective temple and Church festivals on 29.09.2026. The time slot allotted to the Christian Church organisers on 29.09.2026 from 06.00 p.m. to 09.30 p.m. Thereafter, from 10.00 p.m. onwards, permission was granted to the Hindu Community to conduct the Molaipari procession and conduct the drama on account of the temple festival. In the said decision, the Tahsildar recorded that there was a dispute in Survey No. 135/9 and, therefore, directed the petitioner and his group to get necessary Court order for conducting the drama.

5. When the matter was taken up before this Court, learned counsel appearing for the petitioner referred to the proceedings issued by the Tahsildar, Ilayangudi, dated 22.10.2021. It was submitted that one Mr. S. Michael filed a writ petition before the Division Bench of this Court in W.P. (MD) No. 13526 of 2021 dated 06.08.2021, in S.Michael v. The District Collector, Sivagangai District, to declare the Government Poramboke land in Survey No.135/9, measuring an extent of 90 cents, situated at Kunapanenthal Village, Sivagangai District, which was stated to be meant for the general public.

6. By taking the case facts therein, finally the Hon'ble Division Bench directed the seventh respondent therein, viz., The Tahsildar, Ilayankudi Taluk, to consider the petitioner's representation in accordance with the Rules and Regulations. As per the said Division Bench order, the Tahsildar, Ilayangudi, issued proceedings dated 22.10.2021, stating that the land in Survey No. 135/9 had been fenced by the HR & CE

Department and that there was no nuisance to anyone in the village and there is an overhead tank and over head tank is used for temple purposes and the other places have not been fenced.

7. As per the Tahsildar's order referred above, Survey No. 135/9, measuring to an extent of 90 cents, though it is a village poramboke land, and having there is an amman temple, it is under the control of the HR & CE Department. As per the order of the Tahsildar, which has been cited in the present case, the petitioner was directed to obtain an appropriate order from the competent Court for conducting the drama on the premises under the control of the HR&CE Department, particularly in view of the fact that a temple is situated in Survey No.135/9.

8. Further, the learned counsel for the petitioner submitted that the Tahsildar order dated 21.10.2021 is under challenge before this Court in W.P.(MD)No.21732 of 2022 and there is no stay against the further proceedings. It was further submitted that the stage in question had been constructed by the public in the village for conducting dramas and other village activities and that the same was intended for public use.

9. The learned Additional Government Pleader submitted that the stage which was erected by the public in the village for the purpose of drama and other village activities and it is meant for public. Recording the above factual aspect, now the direction of the Tahsildar in his meeting minutes, the petitioner come up before this Court for suitable direction Since the temple is under the control of HR & CE Department, is not a party and in the interest of justice, The Inspector, HR & CE Department, Kunappanenthal Village, Ilayankudi Taluk, Sivagangai District, is suo motu impleaded as fifth respondent in this case. The Registry is directed to carry out necessary amendment in this petition.

10. The learned Additional Government Pleader submitted that if the petitioner produced a No Objection Certificate (NOC) from the fifth respondent, the petitioner could be permitted to proceed with the drama. Once the petitioner produced the necessary order from the Tahsildar permitting to conduct the drama, the police authorities would provide adequate police protection.

11. The grievance of the learned Government Advocate is that there were several FIRs and disputes between the petitioner group and the Christian group. Therefore, the petitioner may be directed to file an undertaking that he does not indulge in any mischief, cause any law and order problem, or commit any offence during the festival and the conduct of the drama.

12. It is recorded. The petitioner is directed to file an undertaking affidavit before the police authorities.

13. With the above directions, this Writ Petition is disposed of with the following directions:

(i) The fifth respondent / HR & CE authority is directed to issue the NOC upon receipt of the petitioners’ request letter to conduct drama in property S.No.135/9.

(ii) After receipt of the NOC from the fifth respondent, the same shall be handed over to the third respondent and the third respondent is directed to permit the petitioner to conduct drama on the scheduled date, viz., 29.09.2026.

(iii) On compliance of the two conditions, the fourth respondent is directed to provide adequate police protection, free of cost, not only to the petitioner and the members of his group, but also to the members of the Christian community, for the peaceful conduct of the 155th Church Festival and Chariot Procession, which is scheduled to be held on the same date, i.e., 29.09.2026. 28.09.2026 LS To The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. Sivagangai.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Tahsildar, Office of the Tahsildar, Ilayankudi Taluk, Sivagangai District.

4. The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

5. The Inspector, HR & CE Department, Kunappanenthal Village, Ilayankudi Taluk, Sivagangai District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Note: Issue order copy on 29.09.2026

DR. P. MURUGAN, J. LS

W.P.Crl. (MD) No. 5399 of 2026 28.09.2026