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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
V.Shankar - Appellant
Versus
The Inspector of Police - Respondent
W.P.No.15568 of 2025
Decided on : 29-04-2025
(A) Writ Petition - Permission to conduct cultural programme - The petitioner challenged the rejection of permission for the Aadal Padal programme at a temple, citing potential law and order issues as the reason for denial. The court emphasized the need for timely consideration of such requests and referenced prior judgments allowing similar events. (Paras 1, 6, 8)
(B) Public Order - The court directed the respondent to grant permission with conditions to ensure public order, including restrictions on content and timing of performances. (Paras 8, 9)
Facts of the case:
The petitioner, President of the Village Panchayat, sought permission for an annual festival event, which was denied by the respondent citing law and order concerns.
Findings of Court:
The court quashed the rejection order and directed the respondent to grant permission with specific conditions to maintain public order.
Issues: The main issues included the validity of the rejection order and the necessity of police protection for the event.
Ratio Decidendi: The court ruled that the rejection was unsustainable and emphasized the importance of timely responses to requests for cultural events, allowing for conditions to ensure public safety.
Result: Writ petition allowed with directions.
Key Points: - The court quashed the rejection order and directed grant of permission with conditions to maintain public order (!) (!) . - Conditions include time limitations, police protection cost, prohibitions on obscene content, political or communal messaging, and obligations to maintain harmony; violations allow police action (!) (!) (!) (!) (!) . - The decision references prior judgments mandating timely consideration of representations and two-day decision periods by police on such requests (!) (!) . - The order permits but restricts content and ensures public order through specific prohibitions and time constraints (!) (!) (!) - (!) . - The writ petition is allowed with directions, acknowledging cultural programmes as traditional and requiring adherence to conditions (!) (!) . - The petitioner must pay Rs.10,000 towards police protection (!) . - The order notes the possibility of further restrictions or a total ban on flex boards if needed to preserve public order (!) .
ORDER :
G.K.ILANTHIRAIYAN, J.
This Writ Petition has been filed by the petitioner challenging the order of rejection dated 10.04.2025 passed by the respondent, wherein permission to conduct the Aadal Padal programme, scheduled from 05.05.2025 to 08.05.2025, at Sri Dhrupati Amman Temple, Thuravi Village, Vikiravandi Taluk, Villupuram District was declined. The petitioner seeks a direction to the respondent to grant permission for conducting the aforementioned programme and to provide adequate police protection for its peaceful and orderly conduct.
2. The petitioner has averred that he is the President of the Village Panchayat of Thuravi Village and a devotee of Sri Draupati Amman Temple. The said festival is celebrated annually in the Tamil month of Chithirai with the participation of all villagers. For the current year, the petitioner proposed to conduct the Adal Padal programme from 05.05.2025 to 08.05.2025. Accordingly, the petitioner submitted a representation to the respondent seeking permission for the same. However, the respondent, without due consideration of the facts and circumstances, rejected the petitioner’s request by order dated 10.04.2025, stating that the conduct of the Aadal Padal programme might potentially lead to law and order issues. Aggrieved by the said rejection order, the petitioner has approached this Court by way of the present writ petition.
3. 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 from 05.05.2025 to 08.05.2025.
4. The learned Government Advocate (crl.side) appearing for the respondent 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.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. 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 in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.”
Considering the above, this Court
The court emphasized the necessity for timely consideration of requests for cultural events and upheld the right to conduct such events with conditions to maintain public order.
The court upheld the right to conduct traditional cultural programs, emphasizing timely police consideration and the importance of maintaining public order.
The court upheld the right to conduct customary cultural events, emphasizing timely police responses to requests for permissions to prevent unnecessary litigation.
Cultural events should not be denied without substantial justification, and authorities must respond promptly to requests for permissions.
The court upheld the right to conduct customary cultural programmes, emphasizing timely police action and the need for substantial evidence to deny permission based on law and order concerns.
The court affirmed the right to conduct traditional cultural events, emphasizing timely police consideration of permission requests while ensuring public order.
The court affirmed the right to conduct traditional cultural events, emphasizing the need for police to grant permissions unless significant law and order concerns exist.
Cultural events with a history of peaceful conduct should not be denied by police without substantial justification, and timely consideration of requests is essential.
The court affirmed the right to conduct traditional cultural programmes, emphasizing timely police consideration and the necessity of maintaining public order.
Traditional cultural celebrations should not be denied without substantial evidence of potential disruption, and timely police responses to permission requests are essential.
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