Kannan P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.13346 of 2025 and W.M.P.(MD)No.9581 of 2025 P.Kannan ... Petitioner Vs

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

2. The Sub-Inspector of Police, Masarpatti Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No. 09/V.5.P.S/TUT/2025, dated 25.04.2025 passed by the second Respondent and quash the same as illegal, consequently direct the respondents to grant permission and necessary protection to conduct the Adal Padal programme on 05.05.2025 at 06.00 p.m and 10.00 p.m in connection with Chithirai Thiruvizha of Arulmigu Sri Pathirakaliammn Kovil, Ayyanrajapatti, Vilathikulam Taluk, Page No. 1 of 6

For petitioner :Mr. R.Karthic Rajan 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 impugned order in Na.Ka.No. 09/V.5.P.S/TUT/2025, dated 25.04.2025 passed by the second Respondent and consequently, direct the respondents to grant permission and necessary protection to conduct the Adal Padal programme on 05.05.2025 at 06.00 p.m and 10.00 p.m in connection with Chithirai Thiruvizha of Arulmigu Sri Pathirakaliammn Kovil, Ayyanrajapatti, Vilathikulam Taluk, Thoothukudi District.

2. The learned counsel for the petitioner would submit that the petitioner is one of the members of the festival committee of the temple and they decided to conduct Chithirai Thiruvizha from 05.05.2025 to 08.05.2025. Thereby, they decided to conduct Adal Padal programme on 05.05.2025. Hence, they approached the second respondent for grant of Page No. 2 of 6

permission and the same was declined by the second respondent by citing 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 25.04.2025 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 25.04.2025, but the second respondent rejected the same on the ground of law and order issue. Now, the petitioner undertakes to conduct the Adal Page No. 3 of 6

Padal programme without creating any law and order issue. Since the 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 dismissed.

6. In view of the same, this petition is allowed and the order passed by the second respondent in Na.Ka.No. 09/V.5.P.S/TUT/2025, dated 25.04.2025, is set aside. The second respondent is directed to grant permission to conduct Adal Padal Programme by imposing appropriate conditions in accordance with law.

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.

30.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

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

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

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P.DHANABAL,J apd W.P.(MD) No.13346 of 2025 30.04.2025 Page No. 6 of 6