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Madras High CourtWP Crl./444/2026disposed of

K.Palani Kumar v. The Inspector Of Police,

2026-03-25Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR K.Palani Kumar S/o.Kadamban, Centre Incharge of Bharathi Seva Maiyam, Thiruvanmiyur, 44/24, Netaji 6th Street, Lakshmipuram, Thiruvanmiyur, Chennai-41.

Petitioner Vs

1. The Inspector of Police, J6, Police Station, Thiruvanmiyur, Chennai - 600 041.

2.The Joint Commissioner of Police, South Zone, Greater Chennai Police.

3.The Commissioner of Police, South Zone, Greater Chennai Police.

Respondents PRAYER This writ petition is preferred under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication of the 1st respondent dated 22.02.2026, quash the same and further direct the respondents to grant permission to the petitioner to conduct the Children procession on 01.03.2026 1/6

or on any other date, from Gandhi Statue in Kamarajar Salai, Lakshmipuram, Thiruvanmiyur through 1st Cross Street, Gangai Amman Koil Street, Beach Road, Muthulakshmi Salai, Kalakshetra Road and Kamarajar Salai followed by a public cultural meeting / event near Gandhi Statue in Kamarajar Salai, Lakshmipuram, Thiruvanmiyur and pass such further and other orders that this Hon'ble Court may deem fit and proper in the circumstances of the present case and thus render justice.

For Petitioner:

Mr.A.Kumaraguru for Mr.V.Chandrasekaran For Respondents:

Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor

ORDER

Challenging the order passed by the first respondent dated 22.02.2026 denying permission for the petitioner to conduct cultural programme and procession, the present writ petition has been filed by the petitioner. 2.Mr.A.Kumaraguru, learned counsel for Mr.V.Chandrasekaran, learned counsel on record for petitioner is before this Court. 3.The learned counsel for the petitioner submitted that the petitioner is incharge of the Bharathi Seva Maiyam situated in Lakshmipuram, Tiruvanmiyur, Chennai. It is submitted that their centre has been running for the past 24 years and they have been conducting cultural programmes for their children in the centre and so far, their programme has been conducted in a peaceful manner. The learned counsel for the petitioner submitted that their 2/6

centre has intended to conduct its 24th Annual day celebration with cultural programme of the children in their centre in the name and style 'Adiyargaludan Arumugam' and they have also planned to have a procession through Lakshmipuram, Gangaiamman Koil street, Beach Salai, Muthusami Road, Kalashetra Road and Kamarajar Road in a peaceful manner. Hence, the petitioner has submitted an application before the first respondent seeking permission to conduct the programme. But, vide the impugned communication dated 22.02.2026, the first respondent police has denied the permission stating that it would affect the movement of the public and transport and there will be likelihood of law and order problem.

4.The learned counsel for the petitioner submitted that the impugned communication denying permission to conduct the programme is unreasonable and that the permissions have been granted in previous years to conduct the programme and procession in the same name and in the same route and therefore, rejecting the request of the petitioner to conduct the programme and procession this year is illegal. The learned counsel has also relied on the earlier order passed by this court in W.P.No.6910 of 2025, dated 04.03.2025, wherein the impugned order passed by the police in the previous year has been set aside and a direction was issued to permit the petitioner to conduct the procession without affecting the general public. The learned counsel very fairly submitted that as the general election is going to be held, they would make a fresh 3/6

representation giving the date and route to conduct the procession as done in the previous year and permission can be granted to conduct the programme on any day after the general election.

5.Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor, who takes notice for the respondents, also very fairly submitted that if the petitioner would make a fresh representation to the respondents officials seeking permission to conduct the programme on any date after the general election, the same would be considered.

6.This court heard the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor. 7.This Court is of the view that the conduct of such cultural programmes and procession is the fundamental rights of the petitioner and that denying permission for such programmes cannot be accepted and that too, most of the participants in the said programme and procession are students and therefore, permission cannot be denied. It is to be seen that similar kind of programmes were conducted in the previous years and the petitioner was granted permission and the same was also conducted peacefully. It is also to be noted that the petitioner has agreed to have the programme this year after the general elections.

8.In view of the above, the petitioner is directed to make a fresh representation to the respondents officials seeking permission for the conduct of 4/6

the programme and procession fixing the date after the general elections. If any such representation is made by the petitioner, the respondents officials are directed to consider the same and pass appropriate orders in accordance with law granting permission to the petitioner for the conduct of the programme and procession in a peaceful manner. It is made clear that the petitioner shall not disturb the public peace and should not cause disturbance for transport and traffic movement and the programme shall be conducted in a peaceful manner. With the above directions, this writ petition is disposed of. No costs. 25-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes vvk To 1.The Inspector of Police, J6, Police Station, Thiruvanmiyur, Chennai - 600 041.

2.The Joint Commissioner of Police, South Zone, Greater Chennai Police.

3.The Commissioner of Police, South Zone, Greater Chennai Police.

4.The Additional Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR J.

vvk 25-03-2026 6/6