Madras High Court

WP CRL.(MD)/5129/2026 of M.Kaleeswaran @ Krishnan Vs The District Collector on 11 September 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.09.2026

CORAM:

THE HON'BLE DR.JUSTICE P.MURUGAN

WP.Crl.(MD).No.5129 of 2026

M.Kaleeswaran @ Krishnan

... Petitioner

.Vs.

1.The District Collector

Office of the District Collector,

Theni District, Theni 625 531.

2.The Revenue Divisional Officer,

O/o.The Revenue Divisional Officer,

Uthamapalyam Revenue Division,

Uthamapalayam, Theni District.

3.The Inspector of Police,

Uthamapalayam Police Station,

Theni District.

... Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus calling for the records connected with the order in Na.Ka.No.3512/2026/A2 dated.07.09.2026 passed by the second respondent and quash the same, consequently directing the respondents to grant permission and police protection to install Vinaygar Idol in front of Uthamapalayam Temple Car and take out procession on 14.09.2026

as part of Vinayagar Chathurti festival.

For Petitioner : Mr.S.Malaikani

For Respondents : Mr.D.Rajaboopathy for R3

Government Advocate (Crl. Side)

Mr.A.Sivasubramanian for R1 & R2

Additional Government Pleader

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ORDER

This petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the records connected with the order in Na.Ka.No. 3512/2026/A2 dated.07.09.2026 passed by the second respondent and quash the same, consequently directing the respondents to grant permission and police protection to install Vinaygar Idol in front of Uthamapalayam Temple Car and take out procession on 14.09.2026 as part of Vinayagar Chathurti festival.

2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondent No.3 and Mr.A.Sivasubramanian, learned Additional Government Pleader takes notice for the respondents No.1 and 2. Heard the counsel on either side and perused the records.

3. The second respondent, namely the Revenue Divisional Officer (RDO), passed an order dated 07.09.2026, rejecting the request of the petitioner seeking permission to erect a Vinayagar idol, conduct the procession and perform the immersion in connection with the Vinayagar Chathurthi Festival.

4. The request of the petitioner was rejected on two grounds. The petitioner had produced the requisite No Objection Certificates (NOCs) from the Electricity Department and the Fire and Rescue Services Department. However, the permission in respect of the place where the Vinayagar idol was proposed to be erected had not been granted. Likewise, the Police Department had not granted permission. On these two grounds, the petitioner's request came to be rejected.

5. When the matter was taken up for hearing, the learned Government counsel suggested that, instead of the place originally proposed by the petitioner, namely the Car Street parking area (theradi), an alternative place, could be considered. However, the petitioner submitted that he had already decided to conduct the Vinayagar festival at the originally proposed place and that the said proposal had been objected to by the authorities.

6. The petitioner has now come forward with an alternative suggestion. The respondent Police have suggested that, instead of the earlier proposed place, the festival may be conducted at the inside of Sri Kanniga Parameswari

Amman Temple, in the same street, subject to obtaining an NOC from the said temple.

7. The suggestion made by the learned Government counsel is accepted by the petitioner. The petitioner has agreed to obtain an NOC from Sri Kanniga Parameswari Amman Temple. The respondent Police have also agreed to issue the necessary permission/NOC for conducting the Vinayagar festival at the alternative place, subject to production of the said NOC.

8. In view of the above submissions, the impugned order passed by the second respondent is set aside. The petitioner is directed to obtain the necessary NOC from Sri Kanniga Parameswari Amman Temple, Car Street, and comply with the other requirements prescribed by the authorities.

9. Upon submission of the said NOC and compliance with the requisite conditions, the third respondent shall issue the necessary permission/NOC to the petitioner for conducting the Vinayagar Chathurthi Festival, procession and immersion at the alternative place. On complying with all the requisite conditions and producing the necessary NOCs, the second respondent is directed to expedite the process and issue the necessary permission to the petitioner before the scheduled date of the festival.

10. With the above directions, the present petition is disposed of. 11.09.2026 TM To

1. The District Collector Office of the District Collector, Theni District, Theni 625 531.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Uthamapalyam Revenue Division, Uthamapalayam, Theni District.

3. The Inspector of Police, Uthamapalayam Police Station, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J., TM WP.Crl.(MD).No.5129 of 2026 11.09.2026

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