Taking note of the withdrawal of the condition prohibiting cooking of food/Prasadam on top of Thiruparankundram Hill imposed by the Superintending Archaeologist, Archaeological Survey of India, the Madras High Court asked the Commissioner of Police to ensure peaceful celebration of Malai Meal Kumarara festival.

The High Court was considering a Petition filed by the petitioner seeking quashing of the order passed by the Superintending Archaeologist, Archaeological Survey of India, Trichy, stipulating certain conditions to celebrate the Malai Meal Kumarara festival.

The Bench comprising Justice P. Velmurugan and Justice K.K. Ramakrishnan held, “It is further brought to the notice of this Court that the Hon’ble Supreme Court has directed the continuation of customary and traditional practices on a status quo basis, as confirmed by the communication issued by the Superintending Archaeologist. In view of the above and the subsequent withdrawal of the condition restricting cooking in the hilltop, no further orders are required in the matter. Accordingly, W.P.(MD) No.29429 of 2026 is disposed of. However, the question of jurisdiction raised by the petitioner in this writ petition is left to the petitioner to be challenged in an appropriate proceedings.”

“The Commissioner of Police, Madurai, is directed to ensure that the festival is conducted peacefully and that adequate measures are taken to maintain law and order”, it directed.

Advocate V.R.Shanmuganathan represented the Petitioner while Additional Advocate General J.Bharathan represented the Respondent.

Factual Background

The petitioners claimed that it is a customary practice to carry the Vel, the sacred spear of Lord Muruga, from the temple to the hilltop, where Abhishekam is performed to the Vel. Thereafter, the devotees and villagers assemble and prepare Prasadam, known as ‘Kathamba Satham’, for distribution among the devotees. A peace committee meeting was convened, in which all the stakeholders participated. The petitioner claimed to have made all necessary arrangements for the celebration of the festival. The attention of the court was drawn to the order of the Supreme Court directing that the customary and traditional practices followed would be permitted to continue on a status quo basis till the final orders were passed.

Despite such directions, it was claimed that the Superintending Archaeologist, (third respondent), who had no jurisdiction to enter into the issue, had imposed several conditions for conducting the function, including the prohibition on cooking or doing any fire-related activity in the premises of the Thirupparankundram hilll. Aggrieved by the same, the petitioners approached the High Court.

Reasoning

The Court’s attention was drawn to the proceedings by which the Superintending Archaeologist (I/c), Trichy Circle, had withdrawn the condition prohibiting cooking of food/Prasadam on the hilltop of Thiruparankundram Hill. “In view of the withdrawal of the condition in dispute, the relief sought in W.P.(MD) No.29449 of 2026 has become infructuous. Accordingly, W.P. (MD) No.29449 of 2026 is dismissed as infructuous”, it held.

The Bench thus asked the Commissioner of Police to ensure that measures are taken to maintain law and order during the celebration of the festival.

Cause Title: Pandiarajan v. The District Collector (Case No.: W.P.(MD)No.29429 of 2026)

Appearance

Petitioner: Advocate V.R.Shanmuganathan

Respondent: Additional Advocate General J.Bharathan, Government Pleader M.P.Senthli, State Public Prosecutor John Sathyan, Additional Advocate General P.V.Balasubramanian, Special Government Pleader Bharanitharan, Advocate Pon Senthil Kumaran

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Madras High CourtJustice P. VelmuruganJustice KK Ramakrishnan

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.