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Madras High CourtWP Crl.(MD)/2601/2025disposed of

A.Vanniyaraj v. The Superintendent Of Police

2026-01-05Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY A.Vanniyaraj

...Petitioner

Vs 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Deputy Superintendent of Police, Puliyangudi Sub Division, Tenkasi District.

3.The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tenkasi District.

...Respondents

For Petitioner: Mr.V.Malaiyendran For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 3rd respondent to grant police permission and police protection for participating in the 265st Death Anniversary (Memorial Day) of the Freedom Fighter Vennik Kaaladi, scheduled to be held on 20.12.2025 at Patchery Village, Nelkattumseval. 1/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 3rd respondent to grant police permission and police protection for participating in the 265st Death Anniversary (Memorial Day) of the Freedom Fighter Vennik Kaaladi, scheduled to be held on 20.12.2025 at Patchery Village, Nelkattumseval.

2. The learned counsel appearing for the petitioner submitted that the persons in and around the village had already conducted the function pursuant to the Court's order. The death anniversary memorial was conducted accordingly. It is seen from the order dated 10.12.2025 passed in W.P.(MD) No. 2103 of 2025, filed by one Chandran, following W.P.(MD) No. 24757 of 2018, this Court directed the respondents to grant permission subject to certain conditions. In fact, permission was granted for the period from 7:00 a.m. to 10:00 a.m. Two groups participated from 7:00 a.m. to 9:00 a.m., and another group participated from 9:00 a.m. to 10:00 a.m. Now, the petitioner, who is an outsider to the said village, is seeking permission to participate in the death anniversary. However, the learned Government Advocate 2/6

(Criminal Side) appearing for the respondent police vehemently opposed the grant of permission to outsiders.

3. Mr. C. Mayilvahana Rajendran, learned counsel appearing for the Peace Committee members, submitted that this Court had directed the 11 Peace Committee members and others to appear before it, and they have appeared through their counsel. He further submitted that, based on the order of this Court, the death anniversary function was conducted smoothly without any law and order issues. The villagers have also stated that they have no objection to allowing outsiders to participate in the death anniversary. Therefore, there is no law and order problem at all and the same is an apprehension of the police.

4. After hearing the rival submissions, this Court is of the considered opinion that, Vennik Kaaladi is a freedom fighter, all freedom fighters should be remembered, and there is no doubt about that. Further, freedom fighters should be remembered not only by the villagers but also by outsiders. 3/6

5. In view of the above, this Court is of the considered opinion that the respondents shall not deny permission. If any person or group seeks permission, the same shall be considered by imposing appropriate conditions. Therefore, for the next year, the petitioner is permitted to submit an application. Upon such submission, the respondents shall impose all necessary conditions. The petitioner shall submit the application along with the names and Aadhaar cards of the participants. Time restrictions and limited members may be permitted. Time restrictions may also be imposed.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

05.01.2026 KSA 4/6

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

2.The Deputy Superintendent of Police, Puliyangudi Sub Division, Tenkasi District.

3.The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tenkasi District.

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

5/6

S.SRIMATHY , J.

KSA W.P.Crl.(MD)No. 2601 of 2025 05.01.2026 6/6