Sivakumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Sivakumar ... Petitioner vs.
1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Inspector of Police, Eral Police Station, Tuticorin District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent herein to grant permission to conduct the cultural programme of "Adal -Padal" on 09.04.2025, in pursuant to the "Kodai Vizha" festival of "Arulmigu Sree Periya Muthumariamman Kovil" at Pandaravilai, Pannaivilai, Eral Taluk, Tuticorin District, by considering the petitioner's representation dated 31.03.2025.
For Petitioner : Mr.P.Surliraja 1/7
For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (crl.side)
O R D E R
This petition is filed by the petitioner to direct the second respondent to grant permission to conduct the cultural programme of 'Adal Padal' on 09.04.2025 in connection with the festival of 'Arulmigu Sree Periya Muthumariamman Kovil' situated at Pandaravilai, Pannaivilai, Eral Taluk, Tuticorin District, by considering his representation dated 31.03.2025.
2. The learned counsel for the petitioner submits that the petitioner is the one of the members of the aforesaid temple committee. The villagers decided to conduct festival for the aforesaid temple from 06.04.2025 to 12.04.2025. During the said festival, they decided to conduct cultural programme /Adal Padal on 09.04.2025, to that effect, the petitioner approached the second respondent through representation dated 31.03.2025 and the same has not been considered. Therefore, this 2/7
petition. During pendency of this petition, the second respondent rejected the request of the petitioner on the ground of law and order issue. Therefore, the order passed by the second respondent has to be set aside.
3. The learned Additional Public Prosecutor(crl.side) appearing for the respondents submits that the petitioner has sent a representation on 31.03.2025 for conducting of 'Adal Padal' programme in connection with festival of 'Arulmigu Sree Periya Muthumariamman Kovil' situated at Pandaravilai, Pannaivilai, Eral Taluk, Tuticorin District and the same was considered and rejected on 01.04.2025 on the ground of law and order issue. Therefore, this petition is liable to be dismissed.
4. This Court heard both sides and perused the materials available on record.
5. Earlier, the petitioner sent a representation on 31.03.2025 to the respondents seeking for permission for conducting of 'Adal Padal' on 09.04.2025 on account of festival of 'Arulmigu Sree Periya 3/7
Muthumariamman Kovil' situated at Pandaravilai, Pannaivilai, Eral Taluk, Tuticorin District, and the same was rejected on 01.04.2025. The writ petitioner filed this writ petition alleging that his representation was not considered, however, the order was passed on 01.04.2025 by considering his representation before filing of this writ petition.
6. Considering that the cultural programme was scheduled to be held on 09.04.2025, this Court even without directing the petitioner to approach this Court by challenging the order dated 01.04.2025, is inclined to pass order in this petition.
7. According to the petitioner, they decided to conduct 'Adal Padal' programme for the aforesaid temple festival on 09.04.2025 and the same was not considered and thereafter, it was rejected on the ground of law and order issue. This Court also perused the order passed by the first respondent. The main reason to reject the request of the petitioner is, law and order issue. The first respondent cannot reject only on the ground of law and order issue, since the 'Adal padal' programme is one of the cultural programme. The petitioner also undertakes to conduct the 'Adal 4/7
Padal' programme without any law and order issue. Accordingly, this Court directs the respondents to grant permission for the cultural programme/ 'Adal Padal' scheduled to be held on 09.04.2025 in connection with 'Arulmigu Sree Periya Muthumariamman Kovil' situated at Pandaravilai, Pannaivilai, Eral Taluk, Tuticorin District, from 07.00 pm., to 10.00 pm., by imposing some conditions. The respondents are directed to monitor the entire programme and ensure the safety to the public. The petitioner also directed not to praise any community people during 'Adal padal' programme and without any obscene acts, the programme should be conducted.
8. With the above observation, this Writ Petition is disposed of. No costs.
Index :Yes / No 07.04.2025 NCC :Yes / No Rmk NOTE : Issue order copy on 07.04.2025 5/7
To 1.The Superintendent of Police, Tuticorin, Tuticorin District.
2.The Inspector of Police, Eral Police Station, Tuticorin District.
6/7
P. DHANABAL , J.
Rmk 07.04.2025 7/7