Vijayan v. The State Of Tamil Nadu Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Vijayan ... Petitioner Vs.
1. The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.
2. The Inspector of Police, Peraiyur Police Station, Madurai 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 passed by the 2nd respondent in his proceedings Na.Ka.No. 27/Peraiyur Police Taluk/2025 dated 01.04.2025 and quash the same as illegal and consequently, direct the respondents to permit the petitioner to Conducting 'Aadal Padal' on Page No. 1 of 6
07.04.2025 at about 07.00 pm during the Conducting festival of Arulmigu Sree Muthalamman, Sree Muthu Mariayamman Kovil situated at Sandaiyur Village, Peraiyur Taluk, Madurai District. For Petitioner : Mr.S.Veerapandiselvaraj 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 proceedings Na.Ka.No.27/Peraiyur Police Taluk/2025 dated 01.04.2025 passed by the second respondent.
2. According to the petitioner, he is one of the member of the Temple Festival Committee, namely, Arulmigu Sree Muthalamman, Sree Muthu Mariayamman Kovil situated at Sandaiyur Village, Peraiyur Taluk and the villagers are decided to conduct Festival from 01.04.2025 to 09.04.2025 and they also decided to conduct cultural programme "Aadal Padal" on 07.04.2025. For that, they approached the second respondent for grant of permission on 01.04.2025, but the same was rejected by citing the reason that on 07.04.2025, Peraiyur Village Festival has been fixed and thereby, so many village peoples would gather in the Festival and Page No. 2 of 6
they will also attend the programme. Therefore, they are unable to give police protection to the petitioner's village. The said reason is not a valid ground to decline the permission for conducting the cultural programme of 'Aadal Padal'. Therefore, the order passed by the second respondent is liable to be set aside.
3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the petitioner sent a representation dated 01.04.2025 to permit the villages to conduct 'Aadal Padal' programme' on 07.04.2025. But on that date, the nearest village people also celebrating Festival and thereby, more persons from that villager would participate in the programme. Therefore, they are unable to provide police protection for the petitioner's cultural programme and they rejected the request of the petitioner. Hence, this petition is liable to be dismissed.
4. Heard both sides and perused the records.
5. According to the petitioner, the village peoples are decided to conduct the Temple Festival and thereby, they also decided to conduct the Page No. 3 of 6
cultural programme 'Aadal Padal' on 07.04.2025. For that, they approached the second respondent for grant of permission, but the same was declined on the ground that in the nearest village also the Temple Festival is going on and thereby, more people would gather at the concerned place. Therefore, they are unable to give police protection. The above said reasons stated by the second respondent is not a valid ground and it is the duty of the respondent police to give police protection for the Temple Festival and the 'Aadal Padal' programme is one of the cultural programme and therefore, the order passed by the second respondent is liable to be set aside. Accordingly, the order passed by the second respondent dated 01.04.2025 is set aside and permission is granted to the petitioner for conducting the 'Aadal Padal' programme on 07.04.
2025 from 07.00 p.m. to 10.00 pm. The second respondent is directed to supervise the entire programme by providing police protection and the petitioner is also directed to ensure the safety of the people and without any obscene acts and praising any particular community people, the programme has to be conducted.
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6. With the above said observations and directions, this writ petition is allowed. No costs.
04.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Note: Issue order copy on 07.04.2025.
To
1. The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.
2. The Inspector of Police, Peraiyur Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
Mac 04.04.2025 Page No. 6 of 6