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Madras High CourtWP(MD)/14558/2025allowed

Shivaji v. The Superintendent Of Police

2025-05-21Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025

CORAM:

THE HONOURABLE MR. JUSTICE P.VADAMALAI W.P(MD) No.14558 of 2025 Shivaji ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai 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 proceedings of the second respondent in Na.ka.No. 31/CO/SVG/2025 dated 09.05.2025 and quash the same and directing the respondents to grant permission to conduct Sivagangai Madhibala's Mastro Nadana Nattiya Program to be held on 03.06.2025 between the hours of 07.00 p.m. to 10.00 p.m. at Nattarasankottai, Sivagangai Taluk, Sivagangai District.

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For petitioner :Mr.R,Balamuruganantham For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor *****

O R D E R

This petition is filed by the petitioner to quash the impugned order passed by the second respondent dated 09.05.2025 and consequently, direct the respondents to grant permission to conduct Sivagangai Madhibala's Mastro Nadana Nattiya Program to be held on 03.06.2025 between the hours of 07.00 p.m. to 10.00 p.m. at Nattarasankottai, Sivagangai Taluk, Sivagangai 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 03.06.2025. Hence, they approached the second respondent for grant of permission and the same was declined on 09.05.2025 by citing law and order issue. Now, the petitioner undertakes to conduct Adal Padal programme without any law and order issue and the 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.

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3. The learned Additional Public Prosecutor for the respondents would submit that they received the representation of the petitioner for conducting Adal Padal programme on 03.06.2025 and on 09.05.2025 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 Adal Padal programme on 03.06.2025, 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 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 03.06.2025 at Nattarasankottai, Sivagangai Taluk, Sivagangai 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 8.00 a.m. and 11.00 p.m. (or) within the time permitted by the respondent police.

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 csm To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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P.VADAMALAI , J.

csm W.P(MD) No.14558 of 2025 21.05.2025 6/6