Mariyasoosai 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.13603 of 2025 Mariyasoosai ... Petitioner Vs
1. The Superintendent of Police, Trichy, Trichy District.
2. The Deputy Superintendent of Police, Manapparai, Trichy District.
3. The Inspector of Police, Vaiyampatti Police Station, Trichy 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 passed by the third respondent in his proceedings in Na.Ka.No. 14/F2PS/2025, dated 26.04.2025 and quash the same as illegal, arbitrary, and in violation of principles of natural justice and consequently, direct the respondents to give permission and adequate police protection to conduct Festival and cultural Programme (Adal Page No. 1 of 6
Paadal) on 03.05.2025 at Chinna Anaikkaraipatti, Mugavanoor South Village, Manapparai Taluk, Trichy District.
For petitioner :Mr. A.Joel Paul Antony 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 passed by the third respondent in his proceedings in Na.Ka.No. 14/F2PS/2025, dated 26.04.2025 and consequently, direct the respondents to give permission and adequate police protection to conduct Festival and cultural Programme (Adal Paadal) on 03.05.2025 at Chinna Anaikkaraipatti, Mugavanoor South Village, Manapparai Taluk, Trichy District.
2. The learned counsel for the petitioner would submit that the petitioner is the resident of the village and the villagers decided to conduct festival and thereby, they decided to conduct Adal Padal programme on 03.05.2025. Hence, they approached the third respondent on 24.04.2024 for grant of permission and the same was declined on Page No. 2 of 6
16.04.2025 by citing law and order issue. Now, the petitioner undertakes to conduct Adal Padal programme without any law and order issue and the third respondent cannot deny to grant permission only based on the law and order issue. Therefore, the order passed by the third 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 24.04.2025 and on 26.04.2025 by citing law and order issue, the representation was rejected. Therefore, the order passed by the third 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 third respondent to grant permission for conducting Adal Padal programme on 03.05.2025, but the third 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 third respondent cannot deny to grant permission only on the ground of law and order issue. Hence, the order passed by the third respondent is liable to be dismissed.
6. In view of the same, this petition is allowed and the order passed by the third respondent in Na.Ka.No. 14/F2PS/2025, dated 26.04.2025, is set aside.
The third respondent is directed to grant permission to conduct Adal Padal programme by imposing appropriate conditions in accordance with law 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.
30.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To
1. The Superintendent of Police, Trichy, Trichy District.
2. The Deputy Superintendent of Police, Manapparai, Trichy District.
3. The Inspector of Police, Vaiyampatti Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.13603 of 2025 30.04.2025 Page No. 6 of 6