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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
S. Arunraj - Petitioner
Versus
The Deputy Superintendent of Police, District Office, Thiruvarur, Thiruvarur District and Anr. – Respondents
W.P.No.16592 of 2025 and W.M.P.No.18764 of 2025
Decided On : 30-04-2025
(A) Writ Petition - Permission to conduct cultural programme - The petitioner sought to quash the order rejecting permission for the Aadal Padal programme scheduled for 07.05.2025, citing past peaceful celebrations and cultural significance. The second respondent denied permission citing potential law and order issues. (Paras 1-2)
(B) Legal Principles - The court emphasized the importance of customary celebrations and the need for timely police responses to requests for permission. It referenced prior decisions allowing similar events, highlighting the necessity of balancing public order with cultural rights. (Paras 6-8)
Facts of the case:
The petitioner, representing Thenparai Village, sought permission for a cultural programme during a temple festival, asserting that such events had been conducted peacefully for 25 years. The second respondent's rejection was deemed mechanical and not substantiated by evidence of potential disturbances.
Findings of Court:
The court quashed the impugned order, directing the second respondent to grant permission for the Aadal Padal programme with specified conditions to ensure public order.
Issues: The main issues included the justification for denying permission based on law and order concerns and the need for timely police action on such requests.
Ratio Decidendi: The court ruled that customary celebrations should be upheld unless there is substantial evidence of potential disruption, and emphasized the need for police to act promptly on requests for cultural events.
Result: Writ Petition allowed with directions.
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This Writ Petition has been filed by the petitioner, to set aside the impugned order passed by the second respondent dated 25.04.2025 made in Na.Ka.No.31/PVK/CO/N.Ref.2025, thereby rejecting permission to conduct the Aadal Padal programme to be held on 07.05.2025 during the night time at 06.00 P.M to 11.00 P.M on the eve of “Thenparai Village, Sri Uthirapathy Madam, Sri Mariamman Temple, Sri Aavaniappan Temple, Chithirai Thiruvizha, Thenparai, Thiruvarur 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 07.05.2025.
2. The petitioner averred that he along with the villages are belong to Thenparai Village and in their village, there is a temple called Sri Uthirapathy Madam, Sri Mariamman Temple, Sri Aavaniappan Temple, Chithirai Thiruvizha, Thenparai, Thiruvarur District. It is a rich heritage and ancient temple and for the past 25 years, they are celebrating temple festival. During the temple festival, a cultural programme like Aadal padal programme is being conducted every year in a peaceful manner without any law and order problem. Likewise, in this year also, Thenparai Village, Sri Uthirapathy Madam, Sri Mariamman Temple, Sri Aavaniappan Temple, Chithirai Thiruvizha, Thenparai, Thiruvarur District, is scheduled for two days and there is a proposal to conduct Aadal padal programme on 07.05.2025 at about 06.00 P.M. to 11.00 P.M. Therefore, the petitioner submitted a representation to the second respondent, seeking permission to conduct Aadal padal programme on 07.05.2025. 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.
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 on 07.05.2025.
4. The learned Government Advocate (Crl.Side) 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.
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 speaker
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.
Cultural events with a history of peaceful conduct should not be denied by police without substantial justification, and timely consideration of requests is essential.
Traditional cultural celebrations should not be denied without substantial evidence of potential disruption, and timely police responses to permission requests are essential.
Cultural events should not be denied without substantial justification, and authorities must respond promptly to requests for permissions.
The court affirmed the right to conduct traditional cultural programmes, emphasizing timely police consideration and the necessity of maintaining 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 affirmed the right to conduct traditional cultural events, emphasizing the need for police to grant permissions unless significant law and order concerns exist.
Traditional cultural events should be permitted unless substantial law and order concerns are evidenced, emphasizing timely police consideration of requests for protection.
The court upheld the right to conduct customary cultural events, emphasizing timely police responses to requests for permissions to prevent unnecessary litigation.
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.
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