BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. SIVAGNANAM, J.
Kombaya Pandian - Appellant
Versus
The Superintendent of Police, Thoothukudi & Another - Respondent
W. P(MD)No. 16700 of 2022
Decided On : 28-07-2022
Permission - Adal Padal Programme - The court set aside the impugned order rejecting permission for the Adal Padal Programme based on a circular issued by the Director General of Police, Tamil Nadu, and directed the respondent to consider a fresh representation with an undertaking affidavit.
Fact of the Case:
The petitioner sought permission to conduct the Adal Padal Programme in connection with a temple festival, which was rejected by the police. The petitioner was willing to file an undertaking affidavit to ensure no illegal activities during the festival.
Finding of the Court:
The court set aside the impugned order and directed the respondent to consider a fresh representation for the Adal Padal Programme based on a circular issued by the Director General of Police, Tamil Nadu.
Issues: Permission for Adal Padal Programme
Ratio Decidendi: The court considered a circular issued by the Director General of Police, Tamil Nadu, and found that the impugned order was passed without considering the circular, leading to its setting aside.
Final Decision: The court directed the respondent to consider a fresh representation for the Adal Padal Programme and disposed of the writ petition.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.60/Mic/Ko.Me.Ka/2022 dated 01.07.2022 and quash the same as illegal, consequently directing the Respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 07.08.2022 from 7.00 pm in connection with Thiru Vizha of Arulmigu Sri Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil situated at Veeravaanchi Nagar, Kovilpatti, Thoothukudi District)
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.60/Mic/Ko.Me.Ka/2022 dated 01.07.2022 and quash the same as illegal, consequently directing the Respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 07.08.2022 from 7.00 pm in connection with Thiru Vizha of Arulmigu Sri Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil situated at Veeravaanchi Nagar, Kovilpatti, Thoothukudi District
2. Mr.R.Sakthi kumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the petitioner would submit that on the representation given by petitioner, the respondent police had given permission to conduct only the temple festival and the permission for conducting adal padal program was rejected. He would further submit that the petitioner is ready to file an undertaking affidavit that he will not indulge in any illegal activities while conducting the festival.
4. The learned Government Advocate (criminal side) appearing for the respondent police would submit that the second respondent police has rightly rejected the representation of the petitioner and hence, he prays for dismissal of this writ petition.
5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondents police.
6. It is noted that the third respondent police without considering the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019 passed the impugned order.
7. In view of the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019, the impugned order passed by the second respondent dated 01.07.2022 is hereby set aside.
8. The learned counsel for the petitioner is ready to give a fresh representation along with undertaking affidavit to conduct Aadal padal pragramme. If the petitioner gives a fresh representation, the second respondent is directed to consider the representation of the petitioner and pass suitable orders based on the above said circular on or before 04.08.2022
9. With the above direction, this writ petition is disposed of. No costs.
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Administrative authorities cannot reject requests for cultural event permits based on mere apprehensions of law and order problems without demonstrating the existence of concrete material justifying ....
State authorities cannot reject applications for cultural/religious programs based solely on speculative or presumptive grounds of law and order issues without evidence of an actual threat.
Administrative authorities cannot reject permission for cultural events based on mere speculation of law and order concerns without providing concrete evidence or material justification.
An order rejecting permission for a temple cultural program based solely on vague apprehension of law and order issues, without concrete supporting material, is set aside as illegal.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which formed the basis for directing the second respondent to consider the representation ....
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