Elangovan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.Crl.No.152 of 2025 Elangovan ... Petitioner Vs The Inspector of Police, Vadur Police Station, Mannargudi Taluk, Thiruvarur District. ... Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, quash the order passed by the respondent vide Na.Ka. No.34/2025/Va.Ka.Ni dated 11.06.2025 and consequently direct the respondent to grant permission to conduct an orchestra program at Sri Pallamadai Ayyanar temple, Karuvakurichi Village, Mannargudi Taluk.

For Petitioner : Mr.S.Nirmal Aditya For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to quash the order passed by the respondent vide Na.Ka. No.34/2025/Va.Ka.Ni dated 11.06.2025 and consequently to direct the respondent to grant permission to conduct an orchestra program at Sri Pallamadai Ayyanar temple, Karuvakurichi Village, Mannargudi Taluk

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent-Police and perused the materials available on record.

3. The petitioner made a representation before the respondentPolice seeking permission to conduct orchestra program in lieu of celebrating festival at Sri Pallamadai Ayyanar temple, Karuvakurichi Village, Mannargudi Taluk. Since the respondent-Police has rejected the petitioner's representation without any valid reason, the petitioner is constrained to filed this criminal original petition seeking to set aside the impugned order passed by the respondent Police.

4. On a perusal of the records, it is seen that the respondentPolice has rejected the petitioner's representation without any valid reason. The respondent should not totally restrict the requirements of the public. The respondent can impose reasonable conditions and permit the villagers to conduct cultural programme.

5. Considering the submissions made by the learned counsel on either side and also considering the facts and circumstances of this case, this Court is inclined to set aside the impugned order passed by the respondent-Police and accordingly the same is set aside. Further, the petitioner shall give a representation afresh to the respondent-Police and on such representation made by the petitioner, the respondent-Police is directed to consider the same and pass appropriate orders with reasonable conditions in accordance with law.

6. With the abovesaid direction, the Writ Petition is allowed. There shall be no order as to costs.

03.07.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, Vadur Police Station, Mannargudi Taluk, Thiruvarur District.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa W.P.Crl.No.152 of 2025 03.07.2025