Madras High Court

WP CRL.(MD)/5093/2026 of S.Mahalingam Vs The Superintendent of Police on 10 September 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10.09.2026

CORAM:

THE HON'BLE DR.JUSTICE P.MURUGAN

WP.Crl.(MD).No.5093 of 2026

S.Mahalingam

... Petitioner

.Vs.

1.The Superintendent of Police

Madurai District.

2.The Deputy Superintendent Of Police,

Usilampatti, Madurai District.

3.The Inspector of Police

Elumalai Police Station, Madurai District.

... Respondents

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents Nos.1 to 3 to grant permission for celebration of Vinayagar Chathurthi festival from 14.09.2026 to 16.09.2026 at Vannar Community Peoples' panthal, Nethaji Street, Elumalai Village, Peraiyur Taluk, Madurai District and to immerse the Vinayagar Idol on 16.09.2026 at Elumalai Irrigation Tank, where other community people immerse by duly considering the representation dated 26.08.2026.

For Petitioner : Mr.A.Satheesh Murugan

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WP.Crl.(MD)No.5093 of 2026

For Respondents : Mr.D.Rajaboopathy

Government Advocate (Crl. Side)

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ORDER

This petition has been filed for issuance of Writ of Mandamus, directing the respondents Nos.1 to 3 to grant permission for celebration of Vinayagar Chathurthi festival from 14.09.2026 to 16.09.2026 at Vannar Community Peoples' panthal, Nethaji Street, Elumalai Village, Peraiyur Taluk, Madurai District and to immerse the Vinayagar Idol on 16.09.2026 at Elumalai Irrigation Tank, where other community people immerse by duly considering the representation dated 26.08.2026.

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. When the matter was taken up for consideration, the learned Government Advocate (Crl. Side) submitted that the petitioner's representation had already been considered. Though the petitioner was called for enquiry on several occasions, he did not appear. Therefore, among other reasons, the petitioner's request was rejected by order dated 08.09.2026.

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WP.Crl.(MD)No.5093 of 2026

4. A perusal of the facts stated in the petition and the accompanying affidavit discloses that the representation was made to the Inspector of Police, Elumalai Police Station, who is not the competent authority, as per the Government Order governing the erection, procession and immersion of Vinayagar idols.

5. Therefore, this Court is of the view that an opportunity may be given to the petitioner to file an application in Form-I before the designated authority, as prescribed under the Government Order, seeking permission for erection of the Vinayagar idol, followed by procession and immersion.

6. If the petitioner files a Form-I application along with all the relevant records and the requisite No Objection Certificate, the designated authority shall consider the same and take a final decision at the earliest, in accordance with law.

7. With the above direction, this Writ Petition is dismissed. No costs. 10.09.2026 TM

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WP.Crl.(MD)No.5093 of 2026 To

1. The Superintendent of Police Madurai District.

2. The Deputy Superintendent Of Police, Usilampatti, Madurai District.

3. The Inspector of Police Elumalai Police Station, Madurai District.

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

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WP.Crl.(MD)No.5093 of 2026 DR.P.MURUGAN, J., TM WP.Crl.(MD).No.5093 of 2026 10.09.2026

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