The central legal point established in the judgment is the authority of the police to impose conditions for cultural events and the need to balance cultural celebrations with public order and tranquillity.

JUDGMENT :

(Prayer : This petitioner is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent and quash the same and further directing the respondents to grant permission and necessary protection to perform cultural programme i.e., Adal Padal on 06.09.2019 in the eve of Rathinapurai Santhanamariamman Kovil temple festival at Rathinapuri, Kayalpattinam, Tiruchendur Taluk, Thoothukudi District.)

1. This Writ Petition has been filed for a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the second respondent, thereby rejecting permission to conduct the Aadal Padal programme to be held on 06.09.2019 on the eve of Rathinapurai Santhanamariamman Kovil temple festival situated at Rathinapuri, Kayalpattinam, Tiruchendur Taluk, Thoothukudi District and quash the impugned order along with the consequential prayer for granting permission and an adequate police protection to conduct the Aadal Padal programme on 06.09.2019.

2. By consent, the writ petition itself is taken up for final disposal.

3. The petitioner averred that he along with the villagers belong to Rathinapuri Village and in their village, there is a temple called Santhanamariamman temple. It is a rich heritage and ancient temple and for the past few years, they are celebrating kodai festival. During the temple festival, a cultural programme like Aadal padal programme is being conducted for the past few years in a peaceful manner without any law and order problem. Likewise, in this year also, Santhanamariamman temple festival is scheduled on 06.09.2019 and there is a proposal to conduct Aadal padal programme on 06.09.2019. Therefore, the petitioner submitted a representation to the second respondent, seeking permission to conduct Aadal padal programme on 07.08.2019. The second respondent, without considering the above circumstances, mechanically rejected permission to conduct Aadal padal programme for the reason that if they conduct Aadal padal programme, there will be a law and order problem. Hence, the present writ petition has been filed.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

5. The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct Aadal padal programme and other related programmes with certain conditions. Therefore, he prayed to quash the impugned order and prayed to grant permission to conduct Aadal padal programme on 06.09.2019.

6. The learned Additional Public Prosecutor appearing for the respondents submitted that if the petitioner is allowed to conduct Aadal padal programme, there will be a law and order problem. Therefore, this writ petition is liable to be dismissed.

7. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows:

“3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:-

“3. We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for”

It is also relevant to note the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has b