Court dismisses writ petition as infructuous following withdrawal of ban on fire-related activities, directs police to maintain law and order during festival
Madurai, October 9, 2026 - The Madras High Court (Madurai Bench, Division Bench) today delivered a significant judgment concerning the conduct of the customary Malai Mel Kumarar temple festival at Thiruparankundram hilltop. The Court disposed of two writ petitions filed by villagers and devotees challenging conditions imposed by the Superintending Archaeologist, Archaeological Survey of India (ASI), which included a prohibition on cooking food and carrying out any fire-related activities on the hilltop.
The petitions contended that the festival, which has been celebrated from time immemorial, involves traditional practices such as carrying the sacred Vel (spear) of Lord Muruga to the hilltop, performing Abhishekam (ritual bathing) of the Vel, and cooking a special prasadam called 'Kathamba Satham' to be served to devotees. The petitioners asserted that the recent conditions imposed by the ASI were without jurisdiction and contrary to the religious customs and practices of the festival.
During the hearing, the Court noted that the Supreme Court of India had directed that customary and traditional practices be allowed to continue on a status quo basis pending final adjudication of related matters (SLP No.28036 of 2026 and Contempt Petition No.1447 of 2026). The Superintending Archaeologist produced subsequent proceedings withdrawing the restrictive condition related to cooking and fire activities on the hilltop.
As a result, the Court held that the writ petition seeking permission to cook prasadam had become infructuous and was liable to be dismissed. The Court disposed of the petitions accordingly but left open the question of jurisdiction of the ASI to impose such conditions, allowing the petitioners to challenge it through appropriate proceedings if they so desired.
Further, the Court directed the Commissioner of Police, Madurai, to ensure the peaceful conduct of the festival and to take adequate measures to maintain law and order during the celebrations. The Court emphasized the importance of respecting religious customs while also ensuring public safety.
This judgment reinforces the principle that traditional religious practices should be protected and allowed to continue, particularly when such practices have been followed from time immemorial, unless there are compelling reasons to interfere. It also highlights the need for governmental authorities to exercise jurisdiction cautiously and with respect for religious sentiments.
Bottom Line:
Writ petitions concerning conduct of customary temple festival - Condition imposed by Superintending Archaeologist prohibiting cooking/fire activity on hilltop was withdrawn during hearing - Petition seeking permission to cook prasadam became infructuous - In view of Supreme Court direction to continue customary and traditional practices on status quo basis, no further orders were required - Question of jurisdiction of authority left open to be challenged in appropriate proceedings - Police directed to ensure peaceful conduct of festival and maintenance of law and order.
Statutory provision(s):
Constitution of India, 1950 Article 226
