The court emphasized the importance of adhering to noise pollution rules and ensuring public order and tranquillity when granting permission for cultural events.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, to call for records vide in Na.Ka.No.08 dated 10.05.2022 issued by the second respondent and to quash the same as illegal, arbitrary and ultra virus to the constitution of India and further direct the second respondent to grant permission for conducting Adal Padal Programme is to be held as on 19.05.2022 at 8.00 pm to 11.00 pm at Arulmigu Sir Mariamman Temple, Mela Achanampatti Village, Dindigul District as already decided by the village panchayat.)

1. This Writ Petition has been filed for issuance of a writ of Certiorarified Mandamus, to quash the impugned order passed by the second respondent, dated 10.05.2022 and consequently directing the second respondent to grant permission for conducting Adal Padal Program scheduled to be held on 19.05.2022 at about 8.00 pm to 11.00 pm at Arulmigu Sir Mariamman Temple, Mela Achanampatti Village, Dindigul District as already decided by the village panchayat.

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

3. The petitioner averred that he was the member of Arulmigu Sri Mariamman Temple, Mela Achanampatti Village, Dindigul District and the devotees are used to celebrate the festival in the month of May and also arranged for cultural events viz., “Adal Padal Program”. Hence, the petitioner submitted a representation, dated 10.05.2022, before the Sub- Inspector, Viruveedu Police Station, Dindigul District. The Sub- Inspector, Viruveedu Police Station, Dindigul District, by impugned order, dated 10.05.2022, 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 Government Advocate 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 theSub-Inspector, Viruveedu Police Station, Dindigul District respondent, dated 10.05.2022 and prayed to grant permission to conduct cultural events on 19.05.2022.

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 (be