S.Elumalaisamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P(MD) No.6859 of 2025 S. Elumalaisamy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Sivagangai,

2. The Inspector of Police, Sivagangai Taluka Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order passed by the 2nd respondent dated 22.03.2025 in Na.Ka.No.21/CO/SVG/2025 and quash the same and direct the 2nd respondent to grant permission and necessary protection to perform the cultural program (I.e) Adal Padal on 05.04.2025 at 7.00 p.m to 10.00 p.m in the evening of Sri Kadampavana Ayyanar Kovil Puravi Yadupu Thiruvizha at Thirumalai, Sivagangai District. Page No. 1 of 6

For Petitioner : Mr. J.Krishnakumar 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.21/CO/SVG/2025 dated 22.03.2025 and consequently, to direct the second respondent to grant permission and necessary protection to perform the cultural programme "Adal Padal" on 05.04.2025 at 7.00 p.m to 10.00 p.m at "Sri Kadampavana Ayyanar Kovil Puravi Yadupu Thiruvizha" at Thirumalai,

2. According to the petitioner, he is one of the members of Vizha Committee and there are so many devotees for the said Temple, namely, "Sri Kadampavana Ayyanar Kovil " at Thirumalai. Now the villagers have decided to conduct the auspicious function of "Sri Kadampavana Ayyanar Kovil Puravi Yadupu Thiruvizha" on 05.04.2025. While so, they have also decided to conduct cultural programme "Aadal Padal" on 05.04.2025 and for that, the petitioner sent a representation on 22.03.2025 Page No. 2 of 6

to the second respondent for grant of permission, but the same was rejected on the ground of law and order issue. The "Aadal Padal" programme is one of the cultural programme and the same cannot be declined to grant permission on the ground of law and order issue. Therefore, the order passed by the second respondent is liable to be quashed.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the petitioner sent a representation dated 22.03.2025 for conduct of the "Adal Padal" programme on 05.04.2025 and the same was considered and declined permission on the ground of law and order issue. If the petitioner undertakes to conduct the "Adal Padal" programme without any law and order issue, then they have no objection to grant permission.

4. Considering the prayer sought for in the petition and the petitioner's representation dated 22.03.2025 was also rejected on the ground of law and order issue and only on the ground of law and order issue, the permission to conduct the cultural programme "Adal Padal" cannot be declined, this Court is inclined to quash the order passed by the Page No. 3 of 6

second respondent. Accordingly, the order passed by the second respondent in Na.Ka.No.21/CO/SVG/2025 dated 22.03.2025 is quashed and permission is granted to conduct the "Aadal Padal" programme on 05.04.2025 at 07.00 p.m to 10.00 p.m and the second respondent is directed to provide adequate police protection for the "Aadal Padal" programme. At the same time, the petitioner is also directed to ensure the law and order and without any obscene acts and praising any particular community people, the programme has to be conducted.

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

03.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 4 of 6

To

1. The Deputy Superintendent of Police, Sivagangai,

2. The Inspector of Police, Sivagangai Taluka Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Note: Issue order copy on or before 07.04.2025. Page No. 5 of 6

P.DHANABAL.

J, Mac Note: Issue order copy on or before 07.04.2025. and W.M.P(MD) No.6859 of 2025 03.04.2025 Page No. 6 of 6