Sekar v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P(MD) No.1225 of 2025 and W.M.P(MD) No.328 and 329 of 2025 Sekar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Illayangudi Taluk, Sivagangai District.

3.The Inspector of Police, Illayangudi Taluk, Sivagangai 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 on the file of the third respondent pertaining to its proceeding in Na.Ka.No.10/Ka.Aa/Illai/Siva.u.ko/siva/2025, dated 24.08.2025 and to quash the same and consequently direct the respondents to grant permission to conduct Aadal Paadal programme in connection with Arulmigu Muthumari Amman Temple Festival on 03.09.2025 in Ilamanur Village, Ilayangudi Taluk, Sivagangai District.

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For Petitioner : Mr.SC.Herold Singh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorarified Mandamus to quash the order passed by the third respondent, dated 24.08.2025, and for a consequential direction to grant permission to conduct the Aadal Paadal programme in connection with the Arulmigu Muthumari Amman Temple Festival, scheduled to be held on 03.09.2025 at Ilamanur Village, Ilayangudi Taluk, Sivagangai District.

2. The petitioner had sought permission, which came to be rejected by the third respondent by the impugned order, dated 24.08.2025, on the ground that the said function is likely to be attended by residents of five villages belonging to different communities, and that there is a likelihood of a law and order problem.

3.The learned counsel for the petitioner, however, would submit that the reasons assigned by the third respondent for denial of permission are not legally sustainable; and that it is not the case of the respondents that, during the earlier 2/6

temple festivals, any law and order issue had arisen on account of the participation of residents from the said five villages, who belong to different communities.

4. On instructions, the learned Additional Public Prosecutor would submit that the apprehension of the respondents is only with regard to the maintenance of law and order, and that they are otherwise willing to grant permission to the petitioner to conduct the Aadal Paadal programme, subject to such conditions as may be stipulated by them.

5. The learned counsel for the petitioner, in response, would submit that the petitioner is ready and willing to abide by any condition that may be imposed by the respondents for granting such permission. The petitioner further undertakes to conduct the cultural programme peacefully, without giving any scope for a law and order problem, and also undertakes that no obscene performance shall be permitted in the said programme.

6. In view of the aforesaid submissions, the respondents are directed to issue a fresh order permitting the petitioner to conduct the aforesaid programme, on such conditions as they may deem fit, having regard to the 3/6

circumstances of this case. Since the programme is scheduled to be held tomorrow (i.e., 03.09.2025), the third respondent shall pass the fresh order on or before this evening (i.e., 02.09.2025).

7. The learned Additional Public Prosecutor is directed to communicate this order of this Court to the respondents forthwith.

8. In view of the above directions, the impugned order passed by the third respondent, dated 24.08.2025, is set aside. Accordingly, this Writ Petition stands allowed. Consequently, connected Miscellaneous Petitions are closed. No costs.

02.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu Note: Issue order copy on 02.09.2025.

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To 1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Illayangudi Taluk, Sivagangai District.

3.The Inspector of Police, Illayangudi Taluk, Sivagangai District.

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

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SUNDER MOHAN, J.

Indu W.P(MD).No.1225 of 2025 02.09.2025 6/6