WP CRL.(MD)/5938/2026 of Kottavilai St.Antonys Family Vs The Superintendent of Police on 30 October 2026

ORDER

The writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 25.09.2026 and grant adequate police protection for conducting the customary All Souls' Day Mass and related programme scheduled to be held on 02.11.2026, in the family burial ground situated in R.S.Nos.543/8 and 543/10, corresponding to old Survey No.7233A, Palloor Village, Killiyoor Taluk, Kanyakumari District.

2. The learned counsel appearing for the petitioner submits that the petitioner Trust has been conducting the customary All Souls' Day Mass and related programmes once every year in the said family burial ground. The petitioner has submitted a representation dated 25.09.2026 seeking adequate police protection for conducting the said programme scheduled on 02.11.2026. However, the same has not been considered. Hence, the petitioner has approached this Court seeking the above relief.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submits that the petitioner has been approaching this

WP Crl.(MD) No. 5938 of 2026 Court every year in connection with the conduct of the All Souls' Day programme. It is further submitted that the petitioner may be permitted to conduct the customary All Souls' Day Mass in the burial ground and that no other Church-related activities should be permitted to be conducted in the said property. The learned Additional Public Prosecutor further submits that a peace committee meeting has been convened by the jurisdictional Tahsildar in connection with the issue.

4. The learned counsel appearing for the intervenor submits that the objections and concerns of the interested parties may also be taken into consideration before any decision is taken on the petitioner's representation.

5. Considering the nature of the dispute and the fact that a peace committee meeting has been convened by the jurisdictional Tahsildar, this Court is of the view that the petitioner's representation has to be considered in the light of the outcome of the said peace committee meeting. While doing so, the authorities shall afford sufficient opportunity to the petitioner as well as the intervenor and other interested parties to put forth their respective objections and submissions.

6. Accordingly, the second respondent is directed to consider the petitioner's representation dated 25.09.2026 forthwith, in the light of the outcome of the peace committee meeting conducted by the jurisdictional

WP Crl.(MD) No. 5938 of 2026 Tahsildar, after affording an opportunity of hearing to the petitioner and all other interested parties, and pass appropriate orders in accordance with law.

7. With the above directions, this writ petition is disposed of. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No skn To

1. The Superintendent of Police Kanyakumari District

2. The Sub Inspector of Police Karungal Police Station Kanyakumari District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

WP Crl.(MD) No. 5938 of 2026 K.GOVINDARAJAN THILAKAVADI, J. skn WP Crl.(MD) No. 5938 of 2026 30-10-2026