Sivaprakash S v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.8303 of 2025 and W.M.P.(MD) No.6225 of 2025 S.Sivaprakash ... Petitioner Vs.
1.The Inspector of Police, Thuvarangurichi Police Station, Trichy District.
2.The Sub Inspector of Police, Thuvarangurichi Police Station, Trichy District.
3.The Tahsildar Marungapuri Taluk, Trichy District.
... Respondents PRAYER: Wri Petition filed under Section 226 of Constitution of India for a Writ of Mandamus to call for the records pertaining to the rejection order dated Nil passed by the 2nd respondent and quash the same and consequently, direct the 1st and 2nd respondents to grant permission and protection for conducting Adal Padal Program scheduled to be held on 10.04.2025 at 6.00 pm to 11.00 pm in connection with Thiruvizha Arulmigu Shri Muthu Mariamman Thirukovil, Akkiyampatti Village, Marungapuri Taluk, Trichy District.
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For petitioner : Mr.V.Manikandan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R1 & R2 Mr.M.Senthil Ayyanar Government Advocate for R3 *****
O R D E R
This petition is filed by the petitioner to quash the order passed by the second respondent, dated nil.
2.The learned counsel appearing for the petitioner would submit that the petitioner is the member of the Vizha Committee of Temple at Arulmigu Shri Muthu Mariamman Thirukovil, Akkiyampatti Village, Marungapuri Taluk, Trichy and the villagers are decided to conduct the festival on 10.04.2025. For that, they decided to conduct cultural programme of Adal Padal. Thereby, they sent a representation, dated 24.02.2025 seeking permission before the second respondent, but the same was rejected by citing the law and order issue. The Adal Padal programme is one of the cultural programme and only because of the law and order issue, they cannot deny to grant permission. Therefore, the order passed by the second respondent is liable to be quashed. Page No. 2 of 6
3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that the petitioner sent a representation, dated 24.02.2025 seeking permission for conducting Adal Padal on 10.04.2025, on the eve of temple festival and the same was rejected due to the law and order issue and also the said place is closed to Thurvarankurichi-Natham National Highway, thereby, the participants will cause disturbances to the public by parking their vehicles. Therefore, the order passed by the second respondent is reasonable and the present petition is liable to be dismissed.
4. Mr.M.Senthil Ayyanar, learned Government Advocate, takes notice for the third respondent.
5. The learned Government Advocate for the third respondent would submit that he is a formal party and the decision has to be taken by the respondents 1 and 2.
6. This Court heard both sides and perused the records.
7. According to the petitioner, the petitioner and the villagers Page No. 3 of 6
decided to conduct the festival of Arulmigu Shri Muthu Mariamman Thirukovil and also decided to conduct cultural programme of Adal Padal on 10.04.2025. To that effect, they approached the second respondent for permission and the same was rejected. The reason stated by the second respondent is that the village is adjacent to the national highway and nearby villagers may participate and hence, they will cause traffic congestion to the national highway and there is a chance to the law and order issue. The second respondent police cannot deny to grant permission for the cultural programme of Adal Padal only for the law and order issue.
8. The learned counsel for the petitioner during the arguments undertakes to ensure free traffic in the national highway and also the law and order. Therefore, considering the abovsaid undertaking given by the learned counsel for the petitioner and also the fact that since Adal Padal programme is one of the cultural programmes, the second respondent cannot deny the permission only for the law and order issue, this Court is inclined to grant permission.
9. Therefore, the order passed by the second respondent is set aside and the permission is granted to conduct Adal Padal. The respondents 1 Page No. 4 of 6
and 2 are directed to ensure the safety of the public and supervise the entire event and if any deviations, the respondents 1 and 2 can take appropriate legal action in accordance with law.
10. With the abovesaid observations and directions, this Writ Petition is allowed. Consequently, connected miscellaneous petition is closed.
26.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Inspector of Police, Thuvarangurichi Police Station, Trichy District.
2.The Sub Inspector of Police, Thuvarangurichi Police Station, Trichy District.
3.The Tahsildar Marungapuri Taluk, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.8303 of 2025 26.03.2025 Page No. 6 of 6