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Madras High CourtWP Crl./535/2025disposed of

P.Nagarajan v. The State Of Tamil Nadu Rep By, The Inspector Of Police,

2025-08-14Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.(Crl.)No.535 of 2025 P.Nagarajan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by The Inspector of Police, Ramanatham Police Station, Cuddalore District.

2.The Assistant Commissioner, HR & CE, Cuddalore.

... Respondents [R2 is suo motu impleaded as per the order dated 07.08.2025 in W.P.Crl.No.535 of 2025] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to grant police protection and not to obstruct the peaceful conduct of the Paalkudam and Swami Procession scheduled on 15.08.2025 and 16.08.2025 at Arulmighu Chelliyamman Sri Karuppasamy Temple, Avatti Village, in the light of the order passed in W.A.Nos.743 & 2064 of 2019.

For Petitioner :

M/s.T.Dharani For R1 :

Mr.K.M.D.Muhilan, Additional Public Prosecutor For R2 :

Mr.K.Karthikeyan Government Advocate (HR & CE)

O R D E R

This writ petition has been filed to direct the respondent to grant police protection and not to obstruct the peaceful conduct of the Paalkudam and Swami Procession scheduled on 15.08.2025 and 16.08.2025 at Arulmighu Chelliyamman Sri Karuppasamy Temple, Avatti Village, in the light of the order passed in W.A.Nos.743 & 2064 of 2019. 2.Learned Additional Public Prosecutor, on instructions, would submit that the procession has not been conducted in the said Temple all these years. Now, the petitioner group wants to take procession in the other streets in which the other rival group is residing and there is every likelihood of law and order issue. The HR & CE Department has also sent a communication stating the same set of facts.

3.In such view of the matter, merely because the petitioner's group can claim a right to conduct a procession in the streets as they want, the same cannot in any manner hurt or disrupt the feelings of other rival group of persons, which will certainly lead to law and order problems. When both the Police authorities as well as the HR & CE authorities feel that there is a likelihood of law and problem arising in that area when permission is granted, this Court is not inclined to entertain this writ petition. If the petitioner and his group agree for an amicable settlement with the rival group for conduct of procession in a peaceful manner on any date or time, the same may be considered by the authorities. Otherwise, if no agreement is arrived at between the parties, they will have to abide by the orders of the authorities who are the best persons to decide the issue on ground realities. 4.With these observations, this writ petition is disposed of. No costs. 14.08.2025 mkn

Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The Inspector of Police, Ramanatham Police Station, Cuddalore District.

2.The Assistant Commissioner, HR & CE, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

N. SATHISH KUMAR, J.

mkn W.P.(Crl.)No.535 of 2025

14.08.2025