The court affirmed the right to conduct traditional cultural events, emphasizing timely police consideration of permission requests while ensuring public order.

ORDER :

1. This Writ Petition has been filed by the petitioner challenging the order of rejection dated 28.03.2025 passed by the respondent, wherein permission to conduct the Aadal Padal programme, scheduled for 15.04.2025, at the “Sri Selva Vinayagar Temple” at Madura Vadakollai Neganur Village and post Gingee Taluk Villupuram District, was refused. The petitioner seeks, by way of this petition, a direction to grant permission for the conduct of the aforementioned programme, along with adequate police protection for its peaceful and orderly execution.

2. The petitioner has averred that he is a member of the festival committee of the aforesaid temple. It is stated that the village has decided to celebrate the temple festival, and the Sri Selva Vinayagar Temple has been in existence for several years, and the temple itself having an age of over five centuries. The annual festival has been conducted in a grand manner every year for several decades. For the current year, the petitioner intending to hold the Adal Padal programme on 15.04.2025. Consequently, the petitioner submitted a representation to the respondent seeking permission to conduct the Aadal Padal programme on the said date. However, the respondent, without properly considering the aforementioned circumstances, rejected the petitioner’s request for permission. The rejection was made on the ground that the Aadal Padal programme, if conducted, could potentially lead to a law and order problem. Therefore, the present writ petition has been filed challenging the respondent's decision.

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 15.04.2025.

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 Vs. 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 S