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Madras High CourtWP(MD)/10146/2025allowed

Thirumalaiselvan v. The Deputy Superintendent Of Police

2025-04-15Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Thirumalaiselvan ... Petitioner Vs

1. The Deputy Superintendent Of Police, Trichy Jeeyapuram Range, Trichy District.

2. The Inspector of Police, Manachanallur Police Station, Trichy District.

3. The Sub Inspector of Police, Manachanallur Police Station, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in his letter dated 06.04.2025 and quash the same as illegal and consequently direct the 3rd respondent to give permission and adequate police protection for conducting the Cultural Program (Aadal 1/6

Padal) to be conducted Arulmigu Mariyammal Kovil on 20.04.2025 by considering the petitioners representation dated 06.04.2025. For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For Respondents : Mr.R.M.Anbunithi (R1- R3) Additional Public Prosecutor

ORDER

The present writ petition has been filed challenging the impugned order passed by the 3rd respondent in his letter dated 06.04.2025 and consequently to direct the 3rd respondent to give permission and adequate police protection for conducting the Cultural Program (Aadal Padal) to be conducted at Arulmigu Mariyammal Kovil on 20.04.2025 by considering the petitioner's representation dated 06.04.2025.

2. According to the petitioner, he is the elder member of the Village and all the villagers have decided to conduct festival at Arulmigu Mariyammal Kovil and in that event, they have decided to conductAadal Padal Programme on 20.04.2025 at about 07.00p.m. In this regard, they have sent representation to the respondents on 06.04.2025 and the same 2/6

was rejected on 06.04.2025 itself. The reason stated by the respondents is that in all the villages, many festivals are being conducted and due to insufficient strength of police, they are unable to deploy police personnel to provide protection to each and every temple. The petitioner seeking permission to a cultural programme, the reason stated by the respondents in the rejection order is not in accordance with law. Hence, this petition has been filed to quash the impugned order and to grant permission. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that on 06.04.2025 they have received the representation of the petitioner seeking police protection, to conductAadal Padal Programme on 20.04.2025 and the same was rejected, since they are unable to deploy police personnel, due to insufficient strength of police. Hence, this petition is liable to be dismissed.

4.This Court had heard the learned counsels appearing on both sides and perused the materials available on record. 3/6

5.According to the petitioner, they have decided to conductAadal Padal Programme on 20.04.2025 at about 07.00p.m and the representation sent to the respondents was rejected on 06.04.2025. According to the respondents police, the representation of the petitioner was rejected due to insufficient strength of police, they are unable to deploy police personnel to provide protection for each and every temple. SinceAadal Padal Programme is a cultural event, the respondent police cannot simply reject the request of the petitioner and the reason stated by the respondents in the rejection order is not in accordance with law. Hence, the impugned order is liable to be set aside. 6.Now the petitioner is ready to conduct the event without any law and order problem.

7.In view of the above, this writ petition is allowed by setting aside the impugned order of the 3rd respondent, dated 06.04.2025 and this Court directs the 3rd respondent to grant permission for conducting the Cultural Programme (Aadal Padal) at Arulmigu Mariyammal Kovil on 20.04.2025 and to monitor the event and also 4/6

provide police protection to the entire festival. The petitioner is also directed not to create any law and order problem and not to praise any community people, during the event.

8. With the above said observations and directions, this writ petition stands disposed of.

15.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Note : Issue order copy on 16.04.2025 PNM To

1. The Deputy Superintendent Of Police, Trichy Jeeyapuram Range, Trichy District.

2. The Inspector of Police, Manachanallur Police Station, Trichy District.

3. The Sub Inspector of Police, Manachanallur Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL, J.

PNM 15.04.2025 6/6