Madras High Court
WP CRL.(MD)/5153/2026 of Durairasu Vs The State of Tamilnadu, Rep. on 11 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.09.2026
CORAM:
THE HON'BLE DR.JUSTICE P.MURUGAN
WP.Crl.(MD).No.5153 of 2026
Durairasu
... Petitioner
.Vs.
1.State of Tamilnadu, Rep.
by the Superintendent of Police,
Pudukkottai District, Pudukkottai-622 001.
2.The Deputy Superintendent of Police,
Alangudi, Pudukkottai District.
3.The Sub Inspector of Police,
Regunathapuram Police Station,
Pudukkottai District-622 302.
... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the Respondents to grant permission and provide adequate police protection in the Vinayagar Chathurthi Festival as well as procession of Vinayagar Idol and immersion the same scheduled to be held on 13.09.2026 to 15.09.2026 situated at Arulmigu Karpaga Vinayagar Temple, Muthanviduthi Village, Karambakudi Taluk, Pudukkottai District, based on the petitioner's representation dated 03.09.2026.
For Petitioner : Mr.N.Jothivel
For Respondents : Mr.D.Rajaboopathy
Government Advocate (Crl. Side)
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ORDER
The petitioner filed this writ petition to direct the Respondents to grant permission and provide adequate police protection in the Vinayagar Chathurthi Festival as well as procession of Vinayagar Idol and immersion the same scheduled to be held on 13.09.2026 to 15.09.2026 situated at Arulmigu Karpaga Vinayagar Temple, Muthanviduthi Village, Karambakudi Taluk, Pudukkottai District, based on the petitioner's representation dated 03.09.2026.
2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondents. Heard the counsel on either side and perused the records.
3. According to the respondents, the petitioner submitted only representation and not in Form I as per GO.Ms.No.598 Public (Law and Order). Department, dated 09.08.2018. As per the aforesaid Government Order, if the petitioner submits Form-I along with the necessary records and No Objection Certificates (NOCs), the same shall be considered by the designated authority having jurisdiction over the concerned area.
4. There are certain judicial decisions interpreting the said Government Order, wherein some of the clauses therein have been set aside, while certain other clauses have been upheld, as per the decision rendered in W.P.No.22439 of 2018 batch, in the case of Vinayagar Chathurthi Madhiya Kuzhu v. State of Tamil Nadu and another, dated 15.03.2023, and the subsequent decision of this Court in W.P.Crl.(MD) No.1086 of 2025 batch, in the case of S.Kumar v. Commissioner of Police, Madurai and another, dated 26.08.2025.
4. In view of the aforesaid decisions, the petitioner can submit Form-I along with the necessary documents and NOCs, as contemplated under the aforesaid Government Order, before the designated authority.
5. If such Form-I is submitted and found to be in order and in compliance with all the requirements prescribed under the Government Order, the designated authority shall consider the same and pass appropriate orders, in accordance with law, at the earliest and, in any event, before the proposed festival date.
6. In the present case, it is submitted that no Form-I, as required under the aforesaid Government Order, has been submitted so far. Therefore, the petitioner is at liberty to submit Form-I before the designated authority immediately.
7. On receipt of such Form-I, if the same is in order and satisfies all the requirements, the designated authority shall consider the same and pass suitable orders at the earliest.
8. With the above direction, the petition is disposed of. 11.09.2026 TM To
1. State of Tamilnadu, Rep. by the Superintendent of Police, Pudukkottai District, Pudukkottai-622 001.
2. The Deputy Superintendent of Police, Alangudi, Pudukkottai District.
3. The Sub Inspector of Police, Regunathapuram Police Station, Pudukkottai District-622 302.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR.P.MURUGAN, J., TM WP.Crl.(MD).No.5153 of 2026 11.09.2026