Prabhu v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P(MD)No.3888 of 2025 Prabhu ... Petitioner Vs.
1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.
2.The Inspector of Police, Mathakupatti Police Station, Sivagangai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order passed by the second respondent, dated 23.02.2025 in Na.Ka.No.12/CO/SVG/2025 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (ie.) Adal Padal on 28.02.2025 at 07.00 PM to 10.00 PM in the evening of "Sri Nainthan 1/6
Karuppuswamy Kovil Masipadapai Thiruvizha" at Kattanipatti, Sivagangai District and pass such further or other orders as this Court. For Petitioner : Mr.K.Srinivasaragavan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The present writ petition has been filed to quash the order, dated 23.02.2025 passed by the second respondent in Na.Ka.No. 12/CO/SVG/2025 and consequently direct the second respondent to grant permission and necessary protection to perform the cultural program (ie.) Adal Padal on 28.02.2025 at 07.00 PM to 10.00 PM in the evening of "Sri Nainthan Karuppuswamy Kovil Masipadapai Thiruvizha" at Kattanipatti, Sivagangai District.
2. According to the petitioner, the petitioner is the Villager of the Kattanipatti Village. In the Village, there are 200 families living and they used to conduct festival for the Temple, namely, "Sri Nainthan Karuppuswamy Kovil Masipadapai Thiruvizha". While so, they used to 2/6
conduct cultural programmes for that festival for the past several years. While so, this year also they decided to conduct cultural programme (i.e.,) Adal Padal on 28.02.2025 at about 07.00 PM to 10.00 PM. For that, they also sought for permission from the second respondent and the same was rejected through an order, dated 23.02.2025. In the rejection order, they have not assigned proper reasons and only on assumption that there may be chances for law and order issue, declined to grant permission. Therefore, the order passed by the second respondent is liable to be set aside.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that already the representation of the petitioner was considered and the same was disposed of on 23.02.2025 by rejecting his request. There are chances for law and order issue, if the cultural programme is permitted and also cause inconvenience to the public and traffic congestion. Therefore, rejected the request of the petitioner.
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4. This Court had heard both sides and perused the materials available on record.
5. The grievance of the petitioner is that on account of Maha Shivaratri, they decided to conduct cultural programme on 28.02.2025. For that, they approached the second respondent for grant of permission and the same was rejected. The petitioner also assured that during the cultural programme, they will not create any law and order issue and abide any conditions imposed by the respondent police and without any law and order issue, they will conduct the cultural programme, namely, Adal Padal and there will not be any obscene acts during the cultural programme.
6. Considering the limited scope of prayer sought for in this petition and the reasons stated by the respondents to reject the permission is not a proper ground, the order passed by the second respondent is quashed and permission is granted. It is for the second respondent to impose appropriate conditions in accordance with law and the second 4/6
respondent has to monitor the entire programme and ensure the law and order and smooth conduct of the cultural programme.
7. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
26.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 27.02.2025.
To 1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.
2.The Inspector of Police, Mathakupatti Police Station, Sivagangai District.
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P.DHANABAL, J.
BTR 26.02.2025 6/6