K.Ponnuchamy v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025
CORAM:
THE HONOURABLE MR. JUSTICE P.VADAMALAI W.P(MD) No.14313 of 2025 K.Ponnuchamy ... Petitioner Vs 1.The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.
2.The Inspector of Police, Karivalamvanthanallur 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 first respondent in his proceedings in e.f.vz;.79/fhJf/r.c/2025, dated 14.05.2025 and quash the same as illegal, consequently directing the respondents to grant permission and necessary protection to conduct "Adal Padal" programme on 28.05.2025 at 07.00 pm to 11.00 pm in connection with "Kodai Vizha" of Arulmigu Kaliamman Kovil, Ramalingapuram, Sankarankovil Taluk, Tenkasi District.
For petitioner :Mr.C.Karthic Rajan For respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) Page No. 1 of 6
O R D E R
This petition is filed by the petitioner to quash the impugned order passed by the first respondent in his proceedings in e.f.vz;.79/fhJf/r.c/2025, dated 14.05.2025 and consequently direct the respondents to grant permission and necessary protection to conduct "Adal Padal" programme on 28.05.2025 at 07.00 pm to 11.00 pm in connection wit "Kodai Vizha" of Arulmigu Kaliamman Kovil, Ramalingapuram, Sankarankovil Taluk, Tenkasi 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 temple festival and thereby, they decided to conduct Adal Padal programme on 28.05.2025. Hence, they approached the second respondent on 09.05.2025 for grant of permission and the same was declined on 14.05.2025 by citing 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.
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3. The learned Additional Public Prosecutor (Crl.Side) for the respondents would submit that they received the representation of the petitioner for conducing Adal Padal programme on 28.05.2025 and on 14.05.2025 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 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 28.05.2025, 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 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 quashed.
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6. Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct Festival and cultural Programme (Adal Paadal) on 28.05.2025 at Arulmigu Kaliamman Kovil, Ramalingapuram, Sankarankovil Taluk, Tenkasi District, subject to the following conditions:
'a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.
b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.
c)The cultural Program shall be restricted between 06.00 p.m. and 10.00 p.m.
d)If there is any violation of the above said conditions, the respondents or the duly authorised officer is entitled to take necessary action as per law and stop such performance.
e)In case if there is any discrepancy with regard to the date on which the program is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner.
f) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear their objections and take a decision in accordance with the order passed by this Court.'
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7. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Boards representing any community.
8. The uploaded copy can be utilised for the purpose of execution of the Order.
9. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
21.05.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.
2.The Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.VADAMALAI , J.
das W.P.(MD) No.14313 of 2025 21.05.2025 Page No. 6 of 6