Devotion Can't Descend Into Disturbance: Madras High Court Orders Police Protection For Conducting Thenur Mandagapadi During Chithirai Festival

Highlighting the importance of the festival, Justice Victoria Gowri noted that the festival represents the composite culture of Madurai by blending both Shaivite and Vaishnavite traditions, and thus symbolising practices associated with communal harmony.

The court thus underlined that no person or group should be permitted to create disorder in such festivals, in the name of rivalry. The court highlighted that devotion could not be allowed to descend into disturbance and customs cannot be converted into conflict.

“This Court also records that the Chithirai Festival represents the composite culture of Madurai. The materials placed before this Court speak of the blending of Shaivite and Vaishnavite traditions and the symbolic practices associated with communal harmony, including the association of Lord Kallazhagar with Thulukka Nachiyar. In such a festival, no person or group can be permitted to create disorder in the name of rivalry, sentiment or assertion. Devotion cannot be allowed to descend into disturbance. Custom cannot be allowed to be converted into conflict,” the court said.

The court also added that public festivals are a test of public discipline and those gathering in the name of faith should remember that the sanctity of the ritual is not just preserved by confrontation but by order, reverence and mutual accommodation.

“Public festivals are tests of public discipline. The true measure of devotion lies not in the loudness of assertion, but in the depth of restraint. Those who gather in the name of faith must remember that the sanctity of the ritual is preserved not by confrontation, but by order, reverence and mutual accommodation,” the court said.

The court was dealing with a writ petition filed by Sonaimuthu, a resident of Thenur Village. He had approached the court seeking police protection for conducting the Thenur Mandagapadi ceremony. The petitioner submitted that as per the ceremony, ceremonial honours are conferred upon seven Karikaarars representing Thenur village, in recognition of their historic and customary role in the festival observance.

The petitioner submitted that the custom was a long standing one and was not merely based on usage but was also judicially recognised in an interim order passed by a division bench in 2024, wherein continuation of the festival and the customary practices as followed in the previous years was permitted.

The petitioner's case was that even though the custom was judicially recognised, during the previous year's festival, certain individuals allegedly obstructed the temple authorities, including the Deputy Commissioner from conferring the customary honours upon the Thenur representatives, disrupting the traditional observance. The petitioner argued that such interference would affect the ancient religious practice, violation of court's earlier order and a potential source for breach of peace and disturbance to public order, thus warranting police protection.

The state, and the temple authorities, submitted that they had no objection to the peaceful performance of pooja. It was however submitted that deployment of excessive police personnels exclusively at one point may not be practically possible.

The court noted that a proceeding in connection with the declaration of hereditary title was pending before a division bench. The court added that the present plea was only seeking police protection to ensure that the existing custom was not obstructed by private interference.

The court noted that when such a large scale public religious festival was scheduled, and there were specific apprehensions based on disturbances in the previous year, the police could not remain passive. The court noted that the State had duty to maintain law and order during the festival and the right of devotees to participate in the temple festival could not be obstructed.

“Article 226 of the Constitution of India empowers this Court to issue appropriate directions for enforcement of legal and public duties. The maintenance of law and order during public festivals is a fundamental public duty of the State. The right of devotees to participate in a lawful religious festival and the right of temple authorities to conduct the festival in accordance with established usage cannot be allowed to be defeated by obstruction, intimidation or disorder,” the court said.

The court thus directed the Commissioner of Police, Madurai City and the Inspector of Police, Anna Nagar Police Station to provide adequate and effective police protection for the peaceful conduct of the festival, allowing the Joint Commissioner and Executive Officer of the temple to discharge official duties peacefully, without any obstruction.

Counsel for Petitioner: Mr.V.Meenakshi Sundaram, Senior counsel, For Mr.S.Balaji

Counsel for Respondents: Mr.S.S.Manoj, Government Advocate (Criminal Side), Mr.M.Muthumanikkam, Government Advocate (Civil), Mr.C.Ramesh

Case Title: M Sonaimuthu v The Commissioner of Police

Citation: 2026 LiveLaw (Mad) 192

Case No: WP.Crl.(MD).No.2472 of 2026