K.Krishnsamy 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.13426 of 2025 K.Krishnasamy ... Petitioner vs.
1.The Superintendent of Police, Tenkasi District.
2. The Deputy Superintendent of Police, Sankarankovil - Sub Division Tenkasi District.
3. The Sub Inspector of Police, Ayyapuram 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 pertaining to the impugned order passed by the respondent No.2 in Na.Ka.No.57/Kaa.Thu.Ka/Sa.O/2025, dated 25.04.2025 and quash the same as illegal and consequently direct the respondents to grant permission to conduct temple festival Arulmigu Sri Angayarkanni Amman, Sri Kaaliyamman, Sri Uchinanahaliyamman, Sri Mariyamman Kovil Kodai festival function and other Cultural programs along with Page No. 1 of 7
`Adal and Padal` program which will be held on 30.04.2025 at about 6.00 to 12.00 P.M at Arulmigu Sri Angayarkanni Amman, Sri Kaliyamman, Sri Uchinamahaliyamman, Sri Mariyamman Kovil Kodai festival at K.Karisalkulam village, Tenkasi District and to give necessary police protection to the said temple festival.
For petitioner :Mr. K.Dinesh 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 respondent No.2 in Na.Ka.No.57/Kaa.Thu.Ka/Sa.O/2025, dated 25.04.2025 and consequently, direct the respondents to grant permission to conduct temple festival Arulmigu Sri Angayarkanni Amman, Sri Kaaliyamman, Sri Uchinanahaliyamman, Sri Mariyamman Kovil Kodai festival function and other Cultural programs along with `Adal and Padal` program which will be held on 30.04.2025 at about 6.00 to 12.00 P.M at Arulmigu Sri Angayarkanni Amman, Sri Kaliyamman, Sri Uchinamahaliyamman, Sri Mariyamman Kovil Kodai festival at K.Karisalkulam village, Tenkasi District and to give necessary police Page No. 2 of 7
protection to the said temple festival.
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 28.04.2025 to 01.05.2025. Thereby, they decided to conduct Adal Padal programme on 30.04.2025 at 6.00 p.m. to 12.00 p.m. Hence, they approached the respondents for grant of permission and the same was declined by citing law and order issue and a case in Crime No.18 of 2024, which was registered during the temple festival in last year regarding wordy quarrel between one Selvam and the second respondent. Now, the petitioner undertakes to conduct Adal Padal programme without any law and order issue and the respondents 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 30.04.2025 and on 25.04.2025, by citing law and order issue and a case in Crime No.18 of 2024, which was registered during the temple festival in last year regarding wordy quarrel Page No. 3 of 7
between one Selvam and the second respondent, 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 respondents to grant permission for conducting temple festival from 28.04.2025 to 01.05.2025 and for conducting Adal Padal programme on 30.04.2025, but the second respondent rejected the same on the ground of law and order issue. Now, the petitioner undertakes to conduct the Adal 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 set aside.
6. In view of the same, this petition is allowed and the order passed by the second respondent Na.Ka.No.57/Kaa.Thu.Ka/Sa.O/2025, dated Page No. 4 of 7
25.04.2025, is set aside. The petitioner is permitted to conduct Adal Padal Programme on 30.04.2025 from 6.00 p.m. to 10.00 p.m.
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.
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 Page No. 5 of 7
To 1.The Superintendent of Police, Tenkasi District.
2. The Deputy Superintendent of Police, Sankarankovil - Sub Division Tenkasi District.
3. The Sub Inspector of Police, Ayyapuram Police Station, Tenkasi 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.13426 of 2025 30.04.2025 Page No. 7 of 7