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Madras High CourtWP(MD)/13568/2025allowed

Ravi v. The 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 HON'BLE MR.JUSTICE P.DHANABAL Ravi ... Petitioner Vs.

1.The Superintendent of Police Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Masarpatti Police Station, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings passed by the second respondent vide his impugned order in Na.Ka.No.08/V.5.P.S/TUT/2025 dated 25.04.2025 and quash the same as illegal and directing the second respondent to take necessary steps to grant permission and protection to conduct the Adal Padal programme on 08.05.2025 in pursuant to the Chithirai festival of Arulmighu Sri Pathirakaliamman Kovil Festival, Vembur, Ettayapuram Taluk, Thoothukudi District, based on the petitioner's representation dated 18.04.2025 within a stipulated time in accordance with law.

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For Petitioner : Mr.M.Prabu For Respondents : Mr.RM.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition has been filed by the petitioner to quash the proceeding of the second respondent in Na.Ka.No.08/V.5.P.S/TUT/2025 dated 25.04.2025 and consequently, direct the second respondent to grant permission and police protection to conduct 'Adal Padal' on 08.05.2025 in connection with 'Chithirai fetival' of 'Arulmighu Sri Pathirakaliamman Kovil' situated at Vembur, Ettayapuram Taluk, Thoothukudi District, by considering the petitioner's representation dated 18.04.2025.

2. According to the petitioner, he is the President of Vembur Village and the village people decided to conduct festival for 'Arulmighu Sri Pathirakaliamman Kovil' situated in the said village, on 08.05.2025 and also, they decided to conduct 'Adal Padal' programme on the event of said temple festival. In this regard, they approached the second respondent through representation dated 18.04.2025 for grant of 2/6

permission to conduct festival and the cultural programme and the same was rejected through impugned order dated 24.05.2025 by citing law and order issue. The petitioner undertakes to conduct festival without any law and order issue. The second respondent cannot deny the permission only on the ground of law and order issue. There is no untoward incident took place during the previous festival. Therefore, order passed by the second respondent is liable to be set aside.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submits that they received the representation of the petitioner dated 18.04.2025 and the same was rejected on the ground of law and order issue. Therefore, the second respondent passed the reasoned order and the present petition is liable to be dismissed.

4. Considering the prayer sought for in this writ petition, the petitioner and the villagers decided to conduct festival and cultural programme in the aforesaid temple on 08.05.2025 and thereby, they approached the second respondent through representation dated 18.04.2025 for grant of permission and the same was rejected on the 3/6

ground of law and order issue vide impugned order dated 25.04.2025, and Adal Padal programme is one of the cultural programmes, the second respondent cannot deny the permission only on the ground of law and order issue. Without citing any previous incident, the second respondent simple rejected the request of the petitioner. Therefore, order passed by the second respondent is liable to be set aside. Accordingly, this Writ Petition is allowed and the order passed by the second respondent in Na.Ka.No.08/V.5.P.S/TUT/2025 dated 25.04.2025, is set aside. Permission is granted to the petitioner to conduct festival and 'Adal Padal' programme on 08.05.2025 in connection with 'Chithirai festival' of 'Arulmighu Sri Pathirakaliamman Kovil', without any law and order issue. The second respondent is directed to provide adequate police protection and monitor the entire events. The petitioner is also directed to ensure not to praise any particular community people and without any obscene act and law and order issue, programme has to be conducted. No costs.

30.04.2025 NCC : Yes / No Index : Yes / No Rmk 4/6

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

2.The Inspector of Police, Masarpatti Police Station, Thoothukudi District.

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

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P.DHANABAL, J.

Rmk 30.04.2025 6/6