Police must protect temple rituals authorized by subsisting HR&CE orders without adjudicating customary rights.

The petitioner and the fourth respondent are brothers whose family had traditionally performed rituals at Arulmigu Periya Muthalamman Temple during its annual festival.

After the fourth respondent performed the rituals from 2013 to 2023, village elders entrusted them to the petitioner, who performed them from 2024 onwards.

The fourth respondent’s application before the Joint Commissioner, HR & CE, seeking restoration of his rights as poojari was dismissed on 13 March 2026.

On 23 September 2026, the HR & CE Inspector directed the petitioner to perform the rituals at the festival scheduled for 14–16 October 2026.

The fourth respondent’s challenge to that direction was dismissed by the High Court on 29 September 2026.

Apprehending interference and a breach of peace, the petitioner sought police protection.

1. Whether the petitioner should receive police protection to perform the rituals and poojas during the annual festival in accordance with the subsisting HR & CE proceedings.

2. Whether the police-protection proceedings should determine the parties’ competing customary or hereditary rights to perform the rituals.

The Court identified no specific statutory provision or precedent as the basis for its decision.

It applied the principles that police authorities’ immediate function is to maintain public peace and order, not to adjudicate competing customary or hereditary claims, and that they should give effect to subsisting directions of the competent authority, subject to any further orders of a competent forum.

The HR & CE Inspector’s direction authorising the petitioner to perform the rituals remained in force and had survived the fourth respondent’s challenge before the High Court.

Given the imminent festival and the dispute between the brothers, the petitioner’s apprehension warranted measures to prevent obstruction and maintain public order.

The Court therefore directed the police to consider the petitioner’s request and take appropriate steps, including providing adequate protection if necessary, while making clear that the police-protection order did not decide the parties’ substantive rights.

On receipt, the jurisdictional police must consider the request and take appropriate steps to ensure the peaceful conduct of the festival from 14 to 16 October 2026, prevent unlawful obstruction of the petitioner’s performance of the rituals under the subsisting proceedings, and maintain public peace and order.

The directions are confined to law and order and do not adjudicate either party’s substantive rights to perform the rituals.