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Madras High CourtWP(MD)/13345/2025allowed

K.Marimuthu v. The Deputy Superintendent Of Police

2025-04-30Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.13345 of 2025 K.Marimuthu ... Petitioner Vs

1. The Deputy Superintendent of Police, Sankarankovil Taluk, Tenkasi District.

2. The Inspector of Police, Thiruvengadam Police Station, Tenkasi 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 relating to the impugned order dated 25.04.2025 passed by the first respondent and quash the same as illegal and consequently direct the first respondent to grant permission for conducting Adal and Padal programme scheduled on 01.05.2025 to 03.05.2025 in Arulmighu Sri Kaliamman Thirukovil, situated Thiruvenkadam Taluk, Tenkasi District on the basis of petitioner representation dated 21.04.2025.

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For petitioner :Mr. R.J.Karthick 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.56/Kaa.thu.ka/Sa.U/2025, dated 25.04.2025 passed by the first respondent and consequently, direct the first respondent to grant permission for conducting Adal and Padal programme scheduled on 01.05.2025 to 03.05.2025 in Arulmighu Sri Kaliamman Thirukovil, situated Thiruvenkadam Taluk, Tenkasi District on the basis of petitioner representation dated 21.04.2025.

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 festival from 29.04.2025 to 06.05.2025. Thereby, they decided to conduct Adal Padal programme on 01.05.2025 and 03.05.2025. Hence, they approached the respondents for grant of permission and the same was declined by the first respondent 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 first respondent cannot deny to grant permission only based on the law and order issue. Therefore, the order passed by the first 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 21.04.2025 and on 25.04.2025 by citing law and order issue, the representation was rejected. Therefore, the order passed by the first respondent is in order and the present petition is liable to be quashed.

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 21.04.2025, but the first 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 Adal Padal programme is one of the cultural programmes and the Page No. 3 of 6

petitioner undertakes to conduct the programme without any law and order issue, the first respondent cannot deny to grant permission only on the ground of law and order issue. Hence, the order passed by the first respondent is liable to be dismissed.

6. In view of the same, this petition is allowed and the order passed by the first respondent in Na.Ka.No.56/Kaa.thu.ka/Sa.U/2025, dated 25.04.2025, is set aside. The first 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.

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

1. The Deputy Superintendent of Police, Sankarankovil Taluk, Tenkasi District.

2. The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

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

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P.DHANABAL,J apd W.P.(MD) No.13345 of 2025 30.04.2025 Page No. 6 of 6