Ashokarajan @ Ashokraja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1238 of 2025 and W.M.P.Crl.(MD).No.332 of 2025 Ashokarajan @ Ashokraja ... Petitioner Vs.

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

2.The Inspector of Police, Ilayangudi Police Station, 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 pertaining to the impugned order passed by the second respondent in e.f.vz;:08/fh.M/,is/rpt.c.Nfh./rpt/2025 dated 11.08.2025 and quash the same as illegal and consequently direct the second respondent to grant necessary permission and provide adequate police protection for conducting the Adal Padal Program on 03.09.2025 at about 06.00 P.M. to 10.00 P.M., as part of temple festival of Arulmighu Shri Uyyavanthal Amman Temple function at 1/6

Naganathapuram, Perumpatcheri, Ilayangudi Taluk, Sivagangai District, by considering the petitioner's representation dated 04.08.2025. For Petitioner : Mr.D.Packiaraj For Respondents : Mr.R.Meenakshi Sundaram, 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 second respondent, dated 11.08.2025 and for a consequential direction to grant necessary permission and provide adequate police protection for conducting the Aadal Padal Program on 03.09.2025 at about 06.00 P.M. to 10.00 P.M., as part of temple festival of Arulmighu Shri Uyyavanthal Amman Temple at Naganathapuram, Perumpatcheri, Ilayangudi Taluk, Sivagangai District, by considering the petitioner's representation dated 04.08.2025.

2. The petitioner had sought permission, which came to be rejected by the second respondent by the impugned order, dated 11.08.2025, on the ground that the said function is likely to be attended by residents of eight villages belonging to different communities and that there is a likelihood of a law and order problem.

2/6

3.The learned counsel for the petitioner, however, would submit that the reasons assigned by the second respondent for denial of permission are not legally sustainable; and that it is not the case of the respondents that, during the earlier temple festivals, any law and order issue had arisen on account of the participation of residents from the said eight 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 program, 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. 3/6

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

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 second respondent, dated 11.08.2025, is set aside. Accordingly, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm Note: Issue order copy by 03.09.2025.

4/6

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

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

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

5/6

SUNDER MOHAN, J.

Lm W.P.Crl.(MD).No.1238 of 2025 03.09.2025 6/6