Alagarsamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.3971 of 2025 Alagarsamy ... Petitioner vs.

1.The Superintendent of Police, Sivagangai, Sivagangai District.

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing Na.Ka.No. 02/Ka.Aa/Joint/Siva.U.Ko/Siva/2025 dated 05.02.2025 on the file of the 3rd respondent and quash the same as illegal and consequently direct the respondents to grant permission and necessary protection to perform the cultural program i.e., Adalpadal programme on 26.02.2025 at 07.00p.m to 10.00p.m in ''Arulmigu Sree Sangaiya Temple'' at Thiruvalloor Village, Ilayangudi Taluk, Sivagangai District Page No. 1 of 6

For petitioner : Mr.S.Kasirajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petition has been filed challenging the order bearing Na.Ka.No.02/Ka.Aa/Joint/Siva.U.Ko/Siva/2025 dated 05.02.2025 on the file of the 3rd respondent and quash the same as illegal and consequently direct the respondents to grant permission and necessary protection to perform the cultural program i.e., Adalpadal programme on 26.02.2025 at 07.00p.m to 10.00p.m in ''Arulmigu Sree Sangaiya Temple'' at Thiruvalloor Village, Ilayangudi Taluk, Sivagangai District.

2. The learned Counsel appearing for the writ petitioner would submit that there is a temple namely ''Arulmigu Sree Sangaiyya Temple'' situated at Thiruvalloor Village, Ilayangudi Taluk, Sivagangai District. The villagers have decided to conduct festival in the said temple from 26.02.2025 & 27.02.2025. On account of the said festival, they decided to conduct cultural programme (Adalpadal) on 26.02.2025 at 07.00p.m. To 10.00p.m. For that, they have approached the third respondent to grant permission. But the same was rejected by an order dated 05.02.2025. Page No. 2 of 6

Therefore, he prays to set aside the said order and permit the petitioner to conduct cultural programme. The petitioner also undertakes that the Cultural Programme will be conducted in a peaceful manner and assured that during the cultural programme, no any obscene acts be permitted.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that already there is a communal dispute between the two communities and enquiry is also pending and there may be a chance for law and order issue between the two rival groups of the same community. In order to maintain the law and order, the respondent police have rejected the request of the petitioner. However, if the petitioner undertakes not to create any law and order issue and conduct the cultural programme (Adalpadal) in a peaceful manner without any obscene Act. Then the respondent police have no objection to conduct cultural programme (Adalpadal).

4. Considering the limited scope of prayer sought for in this petition, and the undertaking given by the petitioner that they will not create any law and order issue, and they will conduct the cultural programme (Adalpadal) in a peaceful manner without any obscene act and Page No. 3 of 6

also considering the submissions of the learned Additional Public Prosecutor, this Court directs the third respondent police to grant permission to the petitioner for conducting cultural programme (Adalpadal) scheduled to be held on 26.02.2025 at 07.00p.m. To 10.00p.m at ''Arulmigu Sree Sangaiyya Temple'' situated at Thiruvalloor Village, Ilayangudi Taluk, Sivagangai District, by imposing conditions in accordance with law.

5. With the above observations and directions, this Writ Petition is disposed of. No costs.

14.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn Page No. 4 of 6

To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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P.DHANABAL,J gvn W.P(MD) No.3971 of 2025 14.02.2025 Page No. 6 of 6