Selvaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Selvaraj ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2. The Deputy Superintendent Of Police, Thalayudhu Shankar Nagar, Tirunelveli District.

3. The Inspect of Police, Manur Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned rejection order in Na.Ka.No.07/Forecast/Kaa.Thu.Ka/Thili/Vooragam/2025, dated 22.03.2025 passed by the 2nd respondent and quash the same, consequently direct the respondents to grant necessary permission and give adequate police protection to conduct cultural program along with 1/7

Adal Paadal which will be held on 10.04.2025 to 12.04.2025 (Aadal Paadal held on 11.04.2025) at about 8.00 pm to 12.00 pm at Arulmigu Sri Ponool Karuppasamy Sri Ivarraja and Sri Petchiamman Thirukovil situated at North Poongulam, Vellapaneri Post, Manue Taluk, Tirunelveli District.

For Petitioner : Mr.Kannan Gurusami For Respondents : Mr.R.M.Anbunithi (R1-R3) Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to quash the impugned rejection order in Na.Ka.No.

07/Forecast/Kaa.Thu.Ka/Thili/Vooragam/2025, dated 22.03.2025 passed by the 2nd respondent and to direct the respondents to grant necessary permission and give adequate police protection to conduct cultural program along with Adal Paadal which will be held on 10.04.2025 to 12.04.2025 (Aadal Paadal held on 11.04.2025) at about 8.00 pm to 12.00 pm at Arulmigu Sri Ponool Karuppasamy Sri Ivarraja and Sri Petchiamman Thirukovil situated at North Poongulam, Vellapaneri Post, Manue Taluk, Tirunelveli District.the impugned rejection order in Na.Ka.No.07/Forecast/Kaa.Thu.Ka/Thili/Vooragam/2025, dated 2/7

22.03.2025.

2.The learned Counsel for the petitioner would submit that the petitioner is the one of the members of the festival committee of the said Temple. While so, the villagers decided to conduct festival from 10.04.2025 to 12.04.2025 and also decided to conduct Aadal Padal programme on 11.04.2025 from 08.00 p.m to 12.00 p.m for the said temple festival. For that, the petitioner has approached the second respondent for grant of permission and the same was declined through order, dated 22.03.2025 by citing the law and order issue. The petitioner undertakes to conduct the programme without affecting the law and order. Therefore, the order passed by the second respondent is liable to be quashed.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner and other villagers decided to conduct the festival from 10.04.2025 to 12.04.2025 and the petitioner has approached the second respondent for grant of permission and the same was declined through order, dated 22.03.2025 by citing one of the reasons that there is a chance for law and order issue. Hence this 3/7

petition is liable to be dismissed.

4.Heard both sides and perused the records.

5.The prayer of the petitioner is to quash the order passed by the second respondent declining the grant of permission to conduct the cultural programme and also to direct the respondents to grant permission and police protection for the temple festival. 6.According to the petitioner, they decided to conduct cultural programme however, the second respondent declined to grant permission on the ground of law and order issue. According to the second respondent, he rejected the request only by stating the reason of law and order issue.

7.Since the petitioner himself undertakes to conduct the Aadal Padal programme without any law and order issue and without any obscene acts and the Aadal Padal programme is one of the cultural programmes, the second respondent cannot deny permission only on the ground of law and order issue. Therefore, the order passed by the second 4/7

respondent is quashed and the permission is granted to the petitioner to conduct the programme on 11.04.2025 from 07.00 p.m to 10.00 p.m and the second respondent is directed to grant adequate police protection to the programme in accordance with law.

8.With the above direction, this writ petition is disposed of. 28.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2. The Deputy Superintendent Of Police, Thalayudhu Shankar Nagar, Tirunelveli District.

3. The Inspect of Police, Manur Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, 5/7

Madurai Bench of Madras High Court, Madurai.

6/7

P.DHANABAL , J.

LR 28.03.2025 7/7