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Madras High CourtWP(MD)/12205/2025disposed of

Komban v. The Inspector Of Police

2025-04-25Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.12205 of 2025 Komban ... Petitioner vs.

The Inspector of Police, Pettai Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for entire records pertaining to the order passed by the respondent vide Na.Ka.No. 01/Proc/Fc/B2 PS/TCP/2025, dated 18.04.2025 and consequently, direct the respondent to grant permission for conducting cultural events on 28.04.2025 and 29.04.2025 and light music event on 30.04.2025. For petitioner :Mr.P.Samuel Gunasingh For respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) ***** Page No. 1 of 6

O R D E R

This petition is filed by the petitioner to quash the order passed by the respondent vide Na.Ka.No.01/Proc/Fc/B2 PS/TCP/2025, dated 18.04.2025 and consequently, direct the respondent to grant permission for conducting cultural events on 28.04.2025 and 29.04.2025 and light music event on 30.04.2025.

2. The learned counsel for the petitioner would submit that the petitioner is one of the residents of Udaiyavar Street and the villagers decided to conduct festival from 28.04.2025 to 30.04.2025 for the Sri Santhana Mariammal Temple and they decided to conduct cultural event on 28.04.2025 and 29.04.2025 and light music event on 30.04.2025. Thereby, he sent a representation for permission and police protection on 22.03.2025 and the same was rejected by citing the reason that already a case in Crime No.95 of 2025 for the offences under Sections 296(b) and 115(2) of BNS was registered. The abovesaid reason is not a valid ground to reject the permission for conducting cultural programme. The petitioner also undertakes to conduct cultural programme without any law and order issue. Therefore, the order passed by the respondent is liable to be Page No. 2 of 6

quashed.

3. The learned Additional Public Prosecutor (Crl.Side) for the respondent would submit that the petitioner sent the representation for conducting cultural programme and light music programme from 28.04.2025 to 30.04.2025, through representation dated 22.03.2025 and the same was rejected on 18.04.2025 on the ground of law and order issue and already a criminal case has been registered due to the scuffle between the parties.

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

5. The villagers of the petitioner decided to conduct festival of Sri Santhana Mariamman Kovil from 28.04.2025 to 30.04.2025 and they also decided to conduct cultural event and light music event during the festival. To that effect, they also approached the respondent and the respondent rejected the same vide order dated 18.04.2025. This Court perused the order passed by the respondent and the reason stated by the respondent is that on 16.04.2025, during the conclusion of the talks by the villagers, there was a scuffle between the parties and thereby, FIR came to Page No. 3 of 6

be registered in Crime No.95 of 2025 for the offences under Sections 296(b) and 115(2) of BNS. Therefore, if permission is granted for conducting cultural event, they create law and order issue. The abovesaid reason stated by the respondent is not a valid ground to deny to grant of permission for cultural event. The petitioner also undertakes to conduct the cultural event and light music event, without any law and order issue. In view of the same, the order passed by the respondent is liable to be set aside.

6. Accordingly, the order passed by the second respondent in Na.Ka.No.01/Proc/Fc/B2 PS/TCP/2025, dated 18.04.2025 is set aside and the respondent is directed to grant permission to conduct cultural event and light music event from 28.04.2025 to 30.04.2025 by imposing necessary conditions. The respondent also directed to give police protection and monitor the entire programme and if any deviations, the respondent can take appropriate action in accordance with law. The petitioner is also directed to conduct the events without any law and order issue.

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7. With the abovesaid observation and direction, this Writ Petition is disposed of. No costs.

25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Note:

Issue on 25.04.2025 To 1.The Inspector of Police, Pettai Police Station, Tirunelveli District.

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

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P.DHANABAL,J apd W.P.(MD) No.12205 of 2025 25.04.2025 Page No. 6 of 6