Madras High CourtWP Crl.(MD)/58/2026disposed of

P.Prathipan v. The State Of Tamilnadu

2026-01-07Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-01-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP Crl.(MD) NO.58 of 2026 and WMP Crl.(MD) No.17 of 2026 P.Prathipan Petitioner Vs 1.The Commissioner of Police, Office of Commissioner of Police, Madurai city, Madurai.

2. The Assistant Commissioner of Police, Avaniyapuram Police Station, Madurai city, Madurai.

3.The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram.

Respondent(s) For Petitioner: Mr.A.Rajini.

For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) For Intervenor : Mr.K.R.Manimaran Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in C.No.38/AC.AVPM/MC/Proceedings/2025, dated 29.12.2025 and to quash the same as illegal and unconstitutional and consequently, to direct the respondents 1 to 3 to grant permission to conduct Pongal celebrations comprising sports, cultural events, quiz programs and other student motivational and

empowerment programs on 14.01.2026 to 16.01.2026 between 8.00 am to 10.00 pm at Ambedkar Kalai Arangam, Thanthai Periyar Nagar, Avaniyapuram, Madurai.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings in C.No. 38/AC.AVPM/MC/Proceedings/2025, dated 29.12.2025 and consequently, to direct the respondents 1 to 3 to grant permission to conduct Pongal celebrations comprising sports, cultural events, quiz programs and other student motivational and empowerment programs on 14.01.2026 to 16.01.2026 between 8.00 am to 10.00 pm at Ambedkar Kalai Arangam, Thanthai Periyar Nagar, Avaniyapuram, Madurai. 2.The Learned Counsel appearing for the intervenor submitted that already, they belong to the same village and they initiated several programmes to conduct Pongal festival as well as sports and cultural events. The petitioner is an outsider who wants to bring persons from outside and conduct the festival. 3.

The Learned Government Advocate (Crl.side) vehemently objected for the granting prior permission since already 7 FIR have been filed including under Section 302. Therefore, law and order problems may arise in the present area. 4.After considering the rival submissions, this Court is of the considered opinion that the "Manavar Man Ezhuchi Mandra Kalvi Arakkattalai" is only an Association for motivating the students.

students when there are long holidays. Therefore, it cannot be stated that it is connected with the Pongal programme. Hence, they can be allotted a separate day for conducting their programme.

5.Therefore, considering the objections from either sides, the impugned order is quashed. However, the petitioner is entitled to conduct the programme on 17.01.2026 and appropriate police protection will be granted to the petitioner. If the intervener intends to conduct programme, the respondents may consider to grant any other dates apart from 17.01.2026.

6.The Learned Counsel appearing for the intervenor submitted that it is their patta land. Therefore, the petitioner cannot claim any right over the patta land by conducting such programmes. It is made clear that the petitioner cannot claim any right over the said land and they are only permitted to do the programme of the Manavar Man Ezhuchi Mandra Kalvi Arakkattalai for this year alone. They have already conducted the programmes for 2 previous years. If the petitioner wants any right, he is at liberty to approach the competent civil court to establish his rights. The intervener is also at liberty to approach the competent civil court to protect his rights regarding the patta land.

7.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07-01-2026 Tmg Note: Issue order copy on 07.01.2026.

To 1.The Commissioner of Police, Office of Commissioner of Police Madurai city, Madurai.

2. The Assistant Commissioner of Police, Avaniyapuram Police Station Madurai city, Madurai.

3.The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.