The central legal point established in the judgment is the right to conduct cultural programmes, subject to adherence to legal provisions, court decisions, and specific conditions imposed by the court.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order, dated 24.03.2022, passed by the second respondent and quash the same as illegal and consequently direct the second respondent to grant permission to perform cultural programme of Adal Padal in the festival of Sri Arulmigu Sri Ealur Amman temple at Munthal village, Bodi Taluk, Theni District, on 07.04.2022.)

1. This Writ Petition has been filed for issuance of a writ of Certiorarified Mandamus, to quash the impugned order, dated 24.03.2022, passed by the second respondent and consequently direct the second respondent to grant permission for performing cultural programme namely, Adal Padal Programme in the festival of Sri Arulmigu Sri Ealur Amman temple at Munthal village, Bodi Taluk, Theni District, on 07.04.2022.

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

3. The petitioner averred that they were celebrating the above said festival every year in the Tamil month of Vaikasi with the participation of entire public without discrimination of religion, caste or class and now they are also arranged for cultural events viz., Adal Padal Dance Programme. Hence, the petitioner submitted a representation, dated 24.03.2022, before the second respondent. The second respondent, by impugned order, dated 24.03.2022, rejected the request made by the petitioner. Challenging the same, the petitioner has filed the present Writ Petition.

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 cultural events and other related programmes with certain conditions. Therefore, he prayed to quash the impugned order passed by the second respondent, dated 24.03.2022 and prayed to grant permission to conduct cultural event on 07.04.2022.

6. The learned Additional Public Prosecutor appearing for the respondents submitted that the request made by the petitioner was rejected on the ground that due to Covid-19 pandemic situation, 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 been stated as follows:

“3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:-

(3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority