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Madras High CourtWP(MD)/13088/2025allowed

A.Kasinathan 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 W.P(MD) No.13088 of 2025 and W.M.P.(MD) No.9341 of 2025 A.Kasinathan ... Petitioner Vs

1. The Superintendent of Police, Sivagangai.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order in C.No.30/CO/SVG/2025 dated 22.04.2025 passed by the second respondent and quash the same and consequently, direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 18.05.2025 at 6.00 p.m. to 10.00 p.m. in connection with Thiruvizha at Arulmigu Shri Page No. 1 of 6

Aathinamilagi Ayynar Thirukovil, Nariyangudi Village, Sivagangai Taluk, Sivagangai District.

For petitioner :Mr. V.Manikandan For respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to quash the rejection order in C.No.30/CO/SVG/2025 dated 22.04.2025 passed by the second respondent and consequently, direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 18.05.2025 at 6.00 p.m. to 10.00 p.m. in connection with Thiruvizha at Arulmigu Shri Aathinamilagi Ayynar Thirukovil, Nariyangudi Village, Sivagangai Taluk, Sivagangai District.

2. The learned counsel for the petitioner would submit that the petitioner is the Member of the Vizha Committee and they decided to conduct festival from 18.05.2025. Thereby, they decided to conduct Adal Padal programme on 18.05.2025. Hence, they approached the second respondent for grant of permission and the same was declined by citing Page No. 2 of 6

law and order issue. Now, the petitioner undertakes to conduct Adal Padal programme without any law and order issue and the second respondent cannot deny to grant permission only based on the law and order issue. Therefore, the order passed by the second respondent is liable to be set aside.

3. The learned Government Advocate (Crl.Side) for the respondents would submit that they received the representation of the petitioner for conducing Adal Padal programme on 22.04.2025 and on the same day by citing law and order issue, the representation was rejected. Therefore, the order passed by the second respondent is in order and the present petition is liable to be dismissed.

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

5. According to the petitioner, he sent a representation to the second respondent to grant permission for conducting Adal Padal programme on 18.05.2025, but the second respondent rejected the same on the ground of law and order issue. Now, the petitioner undertakes to conduct the Adal Padal programme without creating any law and order issue. Since the Page No. 3 of 6

Adal Padal programme is one of the cultural programmes and the petitioner undertakes to conduct the programme without any law and order issue, the second respondent cannot deny to grant permission only on the ground of law and order issue. Hence, the order passed by the second respondent is liable to be set aside.

6. In view of the same, this petition is allowed and the order passed by the second respondent in C.No.30/CO/SVG/2025 dated 22.04.2025 is set aside and the second respondent is directed to grant permission for temple festival and Adal Padal programme by imposing appropriate conditions without any delay.

7. The respondents are directed to provide adequate police protection and to monitor the entire event.

8. The petitioner is also directed to ensure the safety of the public and also without any law and order issue and without any obscene acts and also without praising any community people, the Adal Padal programme has to be conducted during the festival. Page No. 4 of 6

9. With the above said directions and observations, this Writ Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.

29.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Superintendent of Police, Sivagangai.

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

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

Page No. 5 of 6

P.DHANABAL,J apd W.P.(MD) No.13088 of 2025 29.04.2025 Page No. 6 of 6