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Madras High CourtWP(MD)/12791/2025disposed of

S.Thangaraj v. The Superintendent Of Police

2025-04-29Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL S.Thangaraj ... Petitioner Vs.

1. The Superintendent of Police, Sivagangai District, Sivagangai..

2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 04/Kaa/Aa/Thirupu/2025 dated 09.02.2025 passed by the 2nd respondent and quash the same as illegal, consequently directing the respondents to grant permission and necessary protection to conduct the 'Adal Padal Programme' on 18.05.2025 at 07.00 pm., and 10.00 pm., in connection with Thiruvizha of Arulmigu Sri Muniyandi Swamy, Sri Sonai Swamy Thirukovil, Pasiyapuram, Thiruppuvanam Taluk, Sivagangai District. For Petitioner : Mr.R.Karthic Rajan, For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 6

O R D E R

This writ petition has been filed by the petitioner to quash the order passed by the second respondent in Na.Ka.No. 04/Kaa/Aa/Thirupu/2025 dated 09.02.2025 and consequently, to direct the respondents to grant permission and necessary protection to conduct the 'Adal Padal Programme' on 18.05.2025 at 07.00 p.m., and 10.00 p.m., in connection with the Festival of Arulmigu Sri Muniyandi Swamy, Sri Sonai Swamy Thirukovil, situated at Pasiyapuram, Thiruppuvanam Taluk, Sivagangai District.

2.The learned counsel for the petitioner would submit that all the villagers have decided to to conduct the `Aadal Padal` Programme on 18.05.2025 at 07.00 p.m., and 10.00 p.m. in connection with Festival of Arulmigu Sri Muniyandi Swamy, Sri Sonai Swamy Thirukovil, situated at Pasiyapuram, Thiruppuvanam Taluk, Sivagangai District. In this regard, the representation sent by the petitioner was rejected by the second respondent through an order dated 09.02.2025 on the ground that F.I.Rs registered in the previous year and also 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 that they will not create Page No. 2 of 6

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 second respondent on 09.02.2025, 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 18.05.2025 and the second respondent has rejected the request on the ground that F.I.Rs registered in the previous year and for the law and order issue, and petitioner has also given an undertaking that they will not create any law and order issue, the reason stated by the second respondent to reject the request of the petitioner is not a valid Page No. 3 of 6

ground, this Court is inclined to set aside the impugned order, dated 09.02.2025.

6. Accordingly, impugned order, dated 09.02.2025 is set aside and permission is granted to conduct the `Aadal Padal` Programme on 18.05.2025 from 07.00 p.m., to 10.00 p.m at Arulmigu Sri Muniyandi Swamy, Sri Sonai Swamy Thirukovil, situated at Pasiyapuram, Thiruppuvanam Taluk, Sivagangai District. The 2nd respondent is direct to monitor the entire programme and the petitioner is directed to cooperate for ensuring the safety of the public. The cultural programme 'Adal Padal' has to be conducted without praising any community people and without any obscene acts.

7. With the above said observation and direction, this writ petition is disposed of.

29.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 4 of 6

To

1. The Superintendent of Police, Sivagangai District, Sivagangai..

2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

Page No. 5 of 6

P.DHANABAL, J.

Mac 29.04.2025 Page No. 6 of 6