Ariyanayagam S v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL and WMP(MD) No.9064 of 2025 Ariyanayagam S ... Petitioner Vs

1. The Deputy Superintendent Of Police, Deputy Superintendent of Police, Office Kovilpatti, Thuthukudi District.

2. The Inspector of Police, Kayaththar Police Station Kayaththar, Kovilpatti, Thuthukudi District.

... 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 passed by the 2nd Respondent in his proceedings, dated.23.04.2025 and quash the same as illegal, consequently, directing the Respondents to grant permission and necessary protection to conduct the `Aadal Padal` Programme on 30.04.2025 at 06.00 p.m to 11.00 p.m in connection with Savalappery Village, Arulmigu Sri Ariyanachi Amman Temple at Kayaththar Taluk, Thuthukudi District.

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For Petitioner : Ms.S.Bharathi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the 2nd Respondent in his proceedings, dated 23.04.2025 and consequently, directing the Respondents to grant permission and necessary protection to conduct the `Aadal Padal` Programme on 30.04.2025 at 06.00 p.m to 11.00 p.m in connection with Savalappery Village, Arulmigu Sri Ariyanachi Amman Temple at Kayaththar Taluk, Thuthukudi District.

2.The learned counsel for the petitioner would submit that all the villagers have decided to to conduct the `Aadal Padal` Programme on 30.04.2025 at 06.00 p.m to 11.00 p.m in connection with Savalappery Village, Arulmigu Sri Ariyanachi Amman Temple at Kayaththar Taluk, Thuthukudi District. In this regard, the representation sent by the petitioner was rejected by the 2nd respondent on 23.04.2025 stating that law and order problem would arise. The said reasons are not a ground to reject the request of the petitioner. Moreover, the petitioner would assure 2/5

that they will not create any law and order issue. Therefore, permission may be granted to conduct cultural programme with police protection. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that the representation sent by the petitioner seeking permission to conduct cultural programme was rejected by the 2nd respondent on 23.04.2025, since it would create law and order problem.

4.Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents and perused the materials available on record.

5.Considering the limited scope of the prayer sought for in the writ petition, the villagers have decided to conduct the `Aadal Padal` Programme on 30.04.2025 and also given an undertaking that they will not create any law and order issue and the reason stated by the second respondent to reject the request of the petitioner is not a valid ground, this Court is inclined to set aside the impugned order, dated 23.04.2025. 3/5

6.In view of the above, this writ petition is allowed and the impugned order, dated 23.04.2025 is set aside and the petitioner is permitted to conduct cultural programme under the supervision of the 2nd respondent. The 2nd respondent is at liberty to impose necessary conditions to conduct the `Aadal Padal` Programme on 30.04.2025 at 06.00 p.m to 11.00 p.m at Savalappery Village, Arulmigu Sri Ariyanachi Amman Temple at Kayaththar Taluk, Thuthukudi District and monitor the entire programme and the petitioner is directed to conduct the programme without any law and order problem and obscene act. Consequently, connected miscellaneous petition is closed. 29.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Note : Issue order copy on 29.04.2025.

PNM To

1. The Deputy Superintendent Of Police, Deputy Superintendent of Police, Office Kovilpatti, Thuthukudi District.

2. The Inspector of Police, Kayaththar Police Station Kayaththar, Kovilpatti, Thuthukuci District.

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

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P.DHANABAL , J.

PNM and WMP(MD) No.9064 of 2025 29.04.2025 5/5