M.Devasabarish v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL W.P(MD) No.10344 of 2025 M.Devasabarish ... Petitioner Vs.

1. The Deputy Superintendent of Police, Othakadai Sub Division,

2. The Inspector of Police, Othakadai Police Station, ... 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 order bearing Na.Ka.No. 36/OTK Ps/ 2025 dated 07.04.2025 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents to grant permission and necessary protection to perform the cultural program i.e. 'Adal Padal Programme' on 11.04.2025 at 07.00 p.m to 10.00 p.m in 'Malaisamy Temple' at Y.Kodikulam, Kodikulam, Othakadai, Page No.1/5

For Petitioner : Mr.B.Micheal Sebastin For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed by the petitioner to quash the order bearing Na.Ka.No. 36/OTK Ps/ 2025 dated 07.04.2025 on the file of the second respondent and consequently, to direct the respondents to grant permission and necessary protection to perform the cultural programme 'Adal Padal Programme' on 11.04.2025 at 07.00 p.m to 10.00 p.m in Malaisamy Temple at Y.Kodikulam, Kodikulam, Othakadai,

2. The learned counsel appearing for the petitioner would submit that the petitioner is one of the villager and the villagers have decided to conduct Festival of 'Malaisamy Temple' from 09.04.2025 to 11.04.2025. For that, they have approached the second respondent for grant of permission on 07.04.2025, but the same was rejected on the ground of law and order issue. The petitioner undertakes to conduct the cultural programme 'Aadal Padal' without any law and order issue and the Page No.2/5

respondents cannot deny to conduct the cultural programme only 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 on 07.04.2025 for conduct of the cultural programme 'Aada Padal' at Y.Kodikulam, on the eve of 'Malaisamy Temple Festival' and the same was considered and rejected on the ground of law and order issue.

4. This Court heard both sides and perused the records.

5. In this case, the petitioner along with villages have decided to conduct Festival from 09.04.2025 to 11.04.2025 and they have also decided to conduct cultural programme 'Aadal Padal' on 11.04.2025. For that, they have approached the second respondent through the representation dated 07.04.2025, but the second respondent rejected the request on the ground of law and order issue. Since the 'Aadal Padal Programme' is one of the cultural programme, the second respondent Page No.3/5

cannot deny permission only on the ground of law and order issue. Today, the petitioner has also undertakes to conduct the cultural programme 'Aadal Padal' without any law and order issue. Therefore, the order passed by the second respondent dated 07.04.2025 is liable to be set aside. Accordingly, the order passed by the second respondent is set aside and permission is granted to conduct the 'Aadal Padal Programme' on 11.04.2025 from 07.00 p.m to 10.00 p.m and the respondents are directed to monitor the entire programme and give police protection in accordance with law. The petitioner is also directed not to praise any particular community people and without any obscene acts and law and order issue, the programme has to be conducted.

6. With the above said observation and direction, this writ petition is disposed of. No costs.

09.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No.4/5

P.DHANABAL , J.

Mac To

1. The Deputy Superintendent of Police, Othakadai Sub Division,

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

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