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Madras High CourtWP(MD)/6985/2025allowed

Pv. Surendhar v. The Superintendent Of Police

2025-03-14Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P(MD) No.5278 of 2025 PV. Surendhar ... Petitioner Vs.

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

2. The Inspector of Police, Sivakasi East Police Station Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 01/NaMooNaa/Sivakasi East Police Station/2025 dated 12.03.2025 passed by the 2nd respondent dated 12.03.2025 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 15.03.2025 at 07.00 pm. and 11.00 pm. in connection with Pongal Vizha of Arulmigu Sri Vadakkathiamman Kovil, Meenakshi Colony, Sivakasi Taluk, Virudhunagar District.

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For Petitioner : Mr. R.Karthic Rajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to quash the order passed by the second respondent in Na.Ka.No.01/NaMooNaa/Sivakasi East Police Station/2025 dated 12.03.2025 and consequently, to direct the respondents to grant permission and necessary protection to conduct the "Adal Padal" programme on 15.03.2025 at 07.00 pm. and 11.00 pm. in connection with Pongal Vizha of "Arulmigu Sri Vadakkathiamman Kovil", Meenakshi Colony, Sivakasi Taluk, Virudhunagar District.

2. The learned counsel appearing for the petitioner would submit that the petitioner is one of the villager and the villagers have decided to celebrate the Festival of "Arulmigu Sri Vadakkathiamman Kovil", Sivakasi Taluk and they also decided to conduct a cultural programme "Adal Padal" on 15.03.2025. To that effect, they have also sent a representation for police protection and permission before the second respondent and the same was rejected through an order dated 12.03.2025 and the reason for declining permission is law and order issue. The Page No. 2 of 6

cultural programme cannot be declined by citing the reason of law and order issue and the petitioner has also assured that they will conduct the cultural programme "Adal Padal" without any law and order issue.

3. The learned Additional Public Prosecutor (Crl. Side) appearing for the respondents would submit that the petitioner sent a representation to conduct the "Adal Padal" programme on 15.03.2025 and the same was rejected by citing the reason of law and order issue. If the petitioner undertakes to conduct the "Adal Padal" programme without any law and order issue, then it may be considered.

4. Considering the prayer sought for in the petition that to set aside the order passed by the second respondent by rejecting the permission to conduct the cultural programme "Adal Padal" for the said Festival and the second respondent also rejected the request only on the ground of law and order issue, it is appropriate to allow this petition. The second respondent cannot deny the permission only on the ground of law and order issue and the petitioner also gave an undertaking before this Court that they will conduct the "Adal Padal" programme without any law and order issue and obscene acts. Therefore, this Court is of the view that the petition is to be Page No. 3 of 6

allowed by granting permission to the petitioner. Accordingly, the order dated 12.03.2025 passed by the second respondent is set aside and the permission is granted to the petitioner to conduct the "Adal Padal" programme on 15.03.2025 at 07.00 p.m. to 11.00 p.m., without any law and order issue, without praising any community people and without any obscene acts. The second respondent is also directed to monitor the above said programme and if any deviations, the second respondent police is at liberty to take appropriate steps in accordance with law.

5. With the above said observations and directions, this writ petition is allowed. No costs. Consequently, connected writ miscellaneous petition is closed.

14.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Note: Issue order copy today.

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To

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

2. The Inspector of Police, Sivakasi East Police Station Virudhunagar District.

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

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P.DHANABAL.

J, Mac and W.M.P(MD) No.5278 of 2025 Note: Issue order copy today.

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