While directing that all persons, irrespective of caste, creed or colour, would be permitted to participate in the Kumbabishekam function, the Madras High Court has asked the Inspector of Police to provide protection for conducting the festival on October 25, 2026, after receipt of the letter declaring that the construction of Sri Madura Kaliyamman Temple, Sri Karuppanna Swamy, Sri Periyasamy, Parivara Thevathai Temple is complete in all aspects.

The High Court was considering a petition filed by the petitioner seeking a direction to the Superintendent of Police and the Inspector of Police (second respondent) to consider the representation of the petitioner and give police protection to conduct Kumbabishekam on October 25, 2026 at Sri Madura Kaliyamman Temple, Sri Karuppanna Swamy, Sri Periyasamy, Parivara Thevathai Temple situated at Sathanur Village, Perambalur District.

The Single Bench of Justice V. Lakshminarayanan held, “The 6th respondent and the petitioner shall inspect the Temple and shall file a report before the 2nd respondent that the construction of the Temple is completed in all aspects.

"If such a letter is issued by the petitioner and the 6th respondent, the 2nd respondent shall afford police protection for the purpose of conducting the Kumbabishekam function on 25.10.2026", it directed while also adding, “During the time of Kumbabishekam, all persons, irrespective of the caste, creed or colour, shall be permitted to participate in the Kumbabishekam function."

Advocate V.Chinnasamy represented the Appellant and Government Advocate (Crl.Side) S.Yogaraja Sekar represented the Respondent.

Factual Background

The petitioner claimed that Sri Madura Kaliyamman Public Charitable Trust has been managing the aforesaid Temples and the aforesaid deities are the family deities of the Trustees of the aforesaid Trust. The petitioner claimed that renovation of the Temple commenced during the year 2018 and it was nearing completion. They wanted to conduct the Kumbabishekam function for the aforesaid Temples on October 25, 2026, but on account of certain objections made in the village, the petitioners impleaded the officials of the HR & CE Department, including the Inspector / Fit Person, Arulmigu Karuppiahswamy Temple (sixth respondent), seeking the relief of permanent injunction.

In the said suit, they also moved an application seeking permission from the Civil Court to conduct Kumbabishekam and connected religious rituals for the aforesaid deities. After hearing both sides, the Additional District Munsif, Perambalur, allowed the application on August 18, 2026, permitting the plaintiffs therein to conduct the Kumbabishekam. It was reported that an appeal had been preferred against the said order to the Sub Court. However, considering the order dated August 18, 2026 was not kept in abeyance, the order was said to be in force.

Reasoning

The Bench noted that it was not the claim of the private respondent that he was in management of the Temple. The Bench noted that the petitioner and the co-trustees of Sri Madura Kaliyamman Public Charitable Trust were constructing the Temple and the intent to perform Kumbabishekam was not in dispute.

“The fear of the Scheduled Castes / Scheduled Tribes persons and persons belonging to other communities, other than the caste of the petitioners, is that they will be excluded from participation. The undertaking which has been extracted above, makes it clear that it is not the intention of the persons in management of the Temples to prevent the members of any community or caste from participating in the Kumbabishekam. That being the position, the fear of the 5th respondent is absolutely unfounded”, it held.

The Bench was of the view that the HR & CE Department must encourage the performance of Kumbabishekam, rather than putting spokes in the wheels.

The Bench thus directed the Inspector of Police (second respondent) to afford protection for the purpose of conducting the Kumbabishekam function after the Fit Person, Arulmigu Karuppiahswamy Temple (sixth respondent), and the petitioner file a report that the construction of the Temple is complete.

Cause Title: Mahendran v. The Superintendent of Police (Case No.: WP Crl. No. 2522 of 2026)

Appearance

Petitioner: Advocate V. Chinnasamy

Respondent: Government Advocate (Crl.Side) S.Yogaraja Sekar, Government Advocate (HR & CE) S.Surya

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Madras High CourtJustice V. Lakshminarayanan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.