Madras High Court

WP CRL.(MD)/5124/2026 of M.Variamuthu 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 HONOURABLE DR. JUSTICE P. MURUGAN

WP.CRL.(MD). No.5124 of 2026

M.Vairamuthu

... Petitioner

Vs.

1. The Superintendent of Police,

Office of the Superintendent of Police,

Tenkasi District.

2. The Inspector of Police,

Sankarankovil Town Police Station,

Tenkasi District.

3. The Revenue Divisional Officer,

O/o. the Revenue Divisional Officer,

Sankarankovil,

Tenkasi District.

...Respondents

PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, or any other appropriate Writ, Order or direction in the nature of a Writ, directing the respondents to consider the petitioner's representation dated

22.08.2026 and grant permission for the installation of the Vinayagar idol in front of the Vinayagar Temple at the junction of Puthumanai 4th Street and Krishnasamy Street, Sankarankovil, Tenkasi District, to peform poojas with a public address system, and to carry out the procession for immersion on 16.09.2026, and pass such further or other orders as this Court.

For Petitioner : Mr. M.Mithun

For Respondents : Mr. C.Susikumar

Government Advocate (Crl. Side)

for R1 & 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 to direct the respondents to consider the petitioner's representation dated 22.08.2026 and grant permission for the installation of the Vinayagar idol in front of the Vinayagar Temple at the junction of

Puthumanai 4th Street and Krishnasamy Street, Sankarankovil, Tenkasi District, to perform poojas with a public address system, and to carry out the procession for immersion on 16.09.2026.

3. Since the representation submitted by the petitioner has not been disposed of, the present petition has been filed seeking a direction.

4. During the course of arguments, the learned Government Advocate (Criminal Side) submitted that the permission sought by the petitioner has been rejected by the second respondent, as per G.O.Ms.No.598 public (Law and Order-B) Department, dated 09.08.2018, the decision of this Court in a batch of case in WP No. 26439 of 2018 [Vinayagar Chathurthi Mathiya Kulu Vs State of Tamil Nadu and others], dated 15.03.2023 and another batch of decision in WP.Crl.(MD)No.1086 of 2025 [S.Kumar Vs. The Commissioner of Police, Madurai and another].

5. As per the aforesaid two decisions of this Court, the competent authority to grant permission is the Revenue Divisional Officer (RDO). However, the petitioner did not submit Form-I, as per the said G.O.Ms.No.598, dated 09.08.2018. Instead, in the routine manner the petitioner submitted a representation, which was rejected by the second respondent, who is not the competent authority in terms of the said Government Order and the aforesaid judicial decisions. Therefore, the present petition is not maintainable and, accordingly, the same is dismissed.

6. Liberty given to the petitioner to file Form-I, as per the said Government Order, along with the NOCs from the Police Department as well as from the other authorities mentioned in the G.O.Ms.No.598, dated 09.08.2018. If the petitioner submits such an application either today or tomorrow, the third respondent is directed to take a decision and pass appropriate orders on or before 13.09.2026, in accordance with the facts and circumstances of the case as well as the said Government Order and the aforesaid judicial decisions, also taking into consideration the sentiments of the majority of the community people. 10.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psa To

1. The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District.

2. The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Sankarankovil, Tenkasi District.

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

DR. P. MURUGAN, J. psa

WP.CRL.(MD). No.5124 of 2026

10.09.2026

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