Citation : 2026 Latest Caselaw 1227 Mad
Judgement Date : 13 March, 2026
W.P.Crl.(MD)No.1327 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.Crl.(MD)No.1327 of 2026
& W.M.P.Crl.(MD)No.329 of 2026
Sathyaseelan ... Petitioner
Vs.
1. The District Collector,
Sivagangai District,
Sivagangai District.
2. The Superintendent of Police,
Sivagangai District.
3. The Tahsildar,
Sivagangai Taluk,
Sivagangai District.
4. The Inspector of Police,
Sivagangai Taluk Police Station,
Sivagangai District.
5. Vijayaraman
6. Arivuselvam
7. Vengateshwaran
8. Senthil
9. Sevugaperumal ... Respondents
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W.P.Crl.(MD)No.1327 of 2026
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus directing the respondents 1 to 4 to take
appropriate action against Respondents 5 to 9 for illegally excommunicating
and socially boycotting the petitioner and his family members, and
consequently direct the respondents 1 to 4 to ensure that the petitioner and his
family members are not subjected to any form of social boycott or
excommunication by the respondents 5 to 9 and further direct the respondents 1
to 4 to provide adequate police protection and ensure that the petitioner and his
family members are permitted to peacefully participate, offer prayers, and
perform their customary religious practices in the temple festival scheduled to
be held from 11.03.2026 to 15.03.2026 at “Sri Vangolaikaliamman Temple”
situated at K.Usilampatti Village, Sivagangai Taluk, Sivagangai District and
also at “Sri Manthai Karupanasamy Temple and Sri Sevugaperumal Temple”
situated at Kutooravupatti Village, Sivagangai Taluk, Sivagangai District,
without any discrimination or obstruction by respondents 5 to 9 and their men
or agents, based on the petitioner's representations dated 14.02.2026 and
16.02.2026.
For Petitioner : Mr.L.Siva
For Respondents : Mr.M.Muthumanikkam (R1 & R3)
Government Advocate (Civil)
Mr.S.S.Manoj (R2 & R4)
Government Advocate (Crl. Side)
Ms.N.Juliet Latha (R5 & R9)
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W.P.Crl.(MD)No.1327 of 2026
ORDER
This petition has been filed seeking for a direction to the respondents 1 to
4 to take appropriate action against respondents 5 to 9 for illegally
excommunicating and socially boycotting the petitioner and his family
members, and consequently direct the respondents 1 to 4 to ensure that the
petitioner and his family members are not subjected to any form of social
boycott or excommunication by the respondents 5 to 9 and further direct the
respondents 1 to 4 to provide adequate police protection and ensure that the
petitioner and his family members are permitted to peacefully participate, offer
prayers, and perform their customary religious practices in the temple festival
scheduled to be held from 11.03.2026 to 15.03.2026 at “Sri Vangolaikaliamman
Temple” situated at K.Usilampatti Village, Sivagangai Taluk, Sivagangai
District and also at “Sri Manthai Karupanasamy Temple and Sri Sevugaperumal
Temple” situated at Kutooravupatti Village, Sivagangai Taluk, Sivagangai
District, (hereinafter referred to as 'subject temple'), without any discrimination
or obstruction by respondents 5 to 9 and their men or agents, based on the
petitioner's representations dated 14.02.2026 and 16.02.2026.
2. The learned counsel for the petitioner submitted that the subject
temple belongs to 60 families, of which the petitioner represent three families.
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All the said 60 families belong to the same community. Due to certain
indifferences between the petitioner and the private respondents herein, the
petitioner's family comprising three families were not permitted to participate in
the temple festival or to touch the ‘Kudhirai Vahanam’ and experience the grace
of Arulmigu Sri Manthai Karupanasamy Temple, including participation in the
divine transcendental dance.
3. The learned Government Advocate appearing for the respondent
police categorically submitted that, except for participation in the divine
transcendental dance, they may be permitted to participate in the temple
festival.
4. The learned counsel appearing for the private respondents
categorically contended that the private respondents herein have no objection to
the petitioner’s family, comprising three families, offering worship. However,
they shall not claim any first honour.
5. Heard the learned counsel on either side and carefully perused the
materials placed before this Court. Since no adverse order is proposed to be
passed against the respondents 6 to 8, notice to them is dispensed with.
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6. In terms of the submission made by either parties, there is no dispute
about the fact that the subject temple belongs to the 60 families. However, as
far as the plight of the petitioner, they should be allowed to touch the Kudhirai
Vahanam of Sri Manthai Karupanasamy Temple and also to perform divine
transcendental dance.
7. This Court is of the considered view that the petitioner’s family,
comprising three families, shall be permitted to participate in all the functions
of the subject temples and also permitted to worship the deities, more
particularly to touch and experience the grace of the 'Kudhirai Vahanam of Sri
Manthai Karupanasamy. It is made clear that the petitioner and his men should
not create any ruckus in the name of divine transcendental dance.
8. Though the learned counsel appearing for the respondents 5 and 9
drew my attention to a resolution resolved by the members of the subject
temple preventing the petitioner's family from participating in the temple
festival, this Court is of the considered view that the said resolution amounts to
excommunicating the petitioner's family and hence, that the same cannot be
given effect to.
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9. At this juncture, the learned counsel appearing for the petitioner also
required proper police protection for their participation in the temple festival. In
this regard, the respondent police is directed to afford necessary police
protection on payment of necessary charges by the petitioner in terms of
GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.
10. With the above direction, this writ petition stands disposed of.
Consequently, connected miscellaneous petition is closed.
13.03.2026
NCC : Yes / No
Index : Yes / No
sm
Note: Issue order copy on 13.03.2026.
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TO:-
1. The District Collector,
Sivagangai District,
Sivagangai District.
2. The Superintendent of Police,
Sivagangai District.
3. The Tahsildar,
Sivagangai Taluk,
Sivagangai District.
4. The Inspector of Police,
Sivagangai Taluk Police Station,
Sivagangai District.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Sm
Order made in
Dated
13.03.2026
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