Baskar v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2025
CORAM
THE HON'BLE MR.JUSTICE P.VADAMALAI Baskar ... Petitioner Vs.
1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.
2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the rejection order passed by the 2nd respondent in Na.Ka.No.01/Na.Ka/2025 dated 11.05.2025 and quash the same and consequently direct the 2nd respondent to grant permission and protection to conduct Adalpadal program scheduled to be held on 02.06.2025 in connection "Vaikasi Festival" in Sri Pachai Kaliamman, Sri Madura Veeran, Sri Nondi Karuppu, Sri Pizhaiporutha Ayyanar, Sri Petchiyazhi Alaya Thirukovil at Alangulam Village, Thiruvedhikudi, Thanjavur Taluk, Thanjavur District.
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For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor, (Criminal side)
ORDER
This writ petition is filed by the petitioner to quash the rejection order passed by the 2nd respondent in Na.Ka.No.01/Na.Ka/2025 dated 11.05.2025 and consequently direct the 2nd respondent to grant permission and protection to conduct Adalpadal program scheduled to be held on 02.06.2025 in connection "Vaikasi Festival" in Sri Pachai Kaliamman, Sri Madura Veeran, Sri Nondi Karuppu, Sri Pizhaiporutha Ayyanar, Sri Petchiyazhi Alaya Thirukovil at Alangulam Village, Thiruvedhikudi, Thanjavur Taluk, Thanjavur 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 02.06.2025. Hence, they approached the 2nd respondent on 06.05.2025 for grant of permission and the same was declined on 2/7
11.05.2025 by citing law and order issue. Now, the petitioner undertakes to conduct Adal Padal programme without any law and order issue and the 2nd respondent cannot deny to grant permission only based on the law and order issue. Therefore, the order passed by the 2nd 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 Adal Padal programme on 06.05.2025 and on 11.05.2025 by citing law and order issue, the representation was rejected. Therefore, the order passed by the 2nd 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 2nd respondent to grant permission for conducting Adal Padal programme on 02.06.2025, but the 2nd respondent rejected the same on the ground of law and order issue. Now, the petitioner undertakes to conduct the Adal 3/7
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 2nd respondent cannot deny to grant permission only on the ground of law and order issue. Hence, the order passed by the 2nd respondent is liable to be quashed.
6. Accordingly, there shall be a direction to the 2nd respondent herein to grant permission to the petitioner to conduct Festival and cultural Programme (Adal Paadal) on 02.06.2025 at Alangulam Village, Thiruvedhikudi, Thanjavur Taluk, Thanjavur 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.
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(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.'
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.
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9. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
22.05.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No Sml To 1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.
2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
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P.VADAMALAI ,J.
Sml Order made in Dated: 22.05.2025 7/7