Madras High Court
WP CRL.(MD)/5123/2026 of Ganesan Vs The State of Tamilnadu on 16 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 16.09.2026
CORAM
THE HONOURABLE DR. JUSTICE P. MURUGAN
WP Crl.(MD) NO. 5123 of
{CNR: HCMD011288772026}
Case QR
and
WPMP. CRL. (MD).No.1178 of 2026
Ganesan
... Petitioner
Vs.
1. The Superintendent of Police,
O/o. the Superintendent of Police,
Tirunelveli District.
2. The Executive Officer/ Joint Commissioner, Arulmighu Subramanyaswamy Thirukkovil, Tiruchendur, Thoothukudi District.
3. The Tahsildar
O/o.The Tahsildar,
Radhapuram Taluk,
Tirunelveli District.
4. The Inspector of Police,
Koodankulam Police Station,
Tirunelveli District.
5. Raju
6. Jaya
... Respondents
PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 03.09.2026 and quash the same as illegal and unconstitutional and consequently directing the respondents 1 to 4 to permit the petitioner to take the Deity of the Lord Ganesa through the Streets on 14.09.2026 from 8.00 PM onwards.
For Petitioner : Mr. V.Malaiyendran
For Respondents : Mr. C.Susikumar
Government Advocate (Crl. Side)
for R1 & R4.
Mr.Muthugeethaiyan
Standing Counsel for HR&C
for R2.
Mr.A.Sivasubramanian
Additional Government Pleader
for R3.
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O R D E R
Heard both sides.
2. This writ petition has been filed challenging the impugned order passed by the third respondent dated 03.09.2026 and quash the same as illegal and unconstitutional and consequently directing the respondents 1 to 4 to permit the petitioner to take the Deity of the Lord Ganesa through the Streets on 14.09.2026 from 8.00 PM onwards.
3. Having that, the fifth and sixth respondents are private respondents in the present case. On behalf of respondents 5 and 6, Mr. Sabari Muthu, appeared before this Court on the last hearing date, i.e., 01.09.2026. However, notice has not been served on the fifth respondent. This court was not able to dispose of the writ petition before the scheduled date of the festival, i.e.,14.09.2026.
4. Thereby, this Court orally suggested to the learned counsel for the petitioner that, if there was any difficulty to proceed the Ganesha idol through the street, take the idol through an alternative street as suggested by the third respondent. In this regard, the learned counsel submitted that, he would advise the petitioner to proceed through the alternative street suggested by the third respondent for the present year and requested the matter may be kept pending for some time, which enable the parties to proceed further before this Court. Though, the same was only an oral suggestion and oral submission of the learned counsel, it was not recorded in writing and this Court simply adjourned the case for further proceedings today i.e., 16.09.2026.
5. When the matter is taken up today [16.09.2026], Mr.V.Malaiyendran, the learned counsel for the petitioner submitted that, though the suggestion of this court was conveyed to the petitioner, one or the other aspect, the petitioner did not accept the alternative route suggested by the Tahsildar, wherein it was objected at the time itself. Consequently, the Ganesha idol was not taken through the streets. However, the Ganesha idol was placed in front of the temple, where the public worshiped. As soon as the worship was over, the idol was taken to the destination.
6. Having the prayer in the writ petition has become infructuous by the passage of time, and not able to serve notice on the fifth respondent, there is no scope to proceed further.
7. Therefore, this writ petition is closed and the connected miscellaneous petition is also closed. 16.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psa
To
1. The Superintendent of Police, O/o the Superintendent of Police, Tirunelveli District.
2. The Executive Officer/ Joint Commissioner, Arulmighu Subramanyaswamy Thirukkovil, Tiruchendur, Thoothukudi District.
3. The Tahsildar O/o.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
4. The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR. P. MURUGAN, J. psa
WP. CRL.(MD) No.5123 of 2026 and WPMP. CRL. (MD).No.1178 of 2026
16.09.2026