S.Rajagopal v. The 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.14310 of 2025 S.Rajagopal ... Petitioner Vs
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.State of Tamil Nadu rep.by The Inspector of Police, Srivaikundam Police Station, Thoothukudi.
... 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 proceedings of the second respondent, dated 08.05.2025 and quash the same in so far as it refuses to grant permission to conduct Innisai Kacheri and consequently, direct the respondents to grant permission and police protection for conducting Innisai Kacheri (Music Orchestra) schedule to be held on 27.05.2025 from 09.00 pm to 12.00 midnight at Sri Kaliyugalakshmi Amman Temple, as part of the amman kodai vizha festival at Keetiyammalpuram village, Srivaikundam Taluk, Thoothukudi District.
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For petitioner :Mr.N.Sathish Babu For respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) *****
O R D E R
This petition is filed by the petitioner to quash the impugned order passed by the second respondent in his proceedings, dated 08.05.2025 and consequently, direct the respondents to grant permission and police protection for conducting Innisai Kacheri (Music Orchestra) schedule to be held on 27.05.2025 from 09.00 pm to 12.00 midnight at Sri Kaliyugalakshmi Amman Temple, as part of the Amman Kodai Vizha festival at Keetiyammalpurem village, Srivaikundam Taluk, Thoothukudi 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 Innisai Kacheri (Music Orchestra) on 27.05.2025. Hence, they approached the second respondent on 08.05.2024 for grant of permission and the same was declined on 08.05.2025 by citing law and order issue. Now, the petitioner Page No. 2 of 6
undertakes to conduct Innisai Kacheri (Music Orchestra) without any law and order issue and the second respondent 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 Additional Public Prosecutor (Crl.Side) for the respondents would submit that they received the representation of the petitioner for conducing Innisai Kacheri (Music Orchestra) on 27.05.2025 and on 08.05.2025 by citing law and order issue, 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 second respondent to grant permission for conducting Innisai Kacheri (Music Orchestra) on 27.05.2025, but the second respondent rejected the same on the ground of law and order issue. Now, the petitioner undertakes to conduct the Innisai Kacheri (Music Orchestra) without creating any law and order issue. Since the Innisai Kacheri (Music Orchestra) is one of the Page No. 3 of 6
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 quashed.
6. Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct Festival and Innisai Kacheri (Music Orchestra) on 27.05.2025 at Sri Kaliyugalakshmi Amman Temple, as part of the amman kodai vizha festival at Keetiyammalpuram village, Srivaikundam Taluk, Thoothukudi 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.
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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.'
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 Page No. 5 of 6
P.VADAMALAI , J.
das To
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD) No.14310 of 2025 21.05.2025 Page No. 6 of 6