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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
M. Elanghezhiyan @ Ramesh – Appellant
Versus
The Superintendent of Police, Tiruvarur District, Tiruvarur - Respondent
W.P.No.13811 of 2025
Decided on : 21-04-2025
(A) Writ Petition - Police Protection - The petitioner sought to quash the order denying permission for a cultural programme, citing previous court directives allowing such events. The court emphasized the need for timely consideration of requests for police protection during cultural events. (Paras 1, 2, 6, 8)
(B) Cultural Events - The court reiterated that traditional celebrations should be permitted unless there is a substantial law and order concern. (Paras 6, 8)
Facts of the case:
The petitioner, representing villagers, sought permission to conduct a cultural programme during a temple festival, which was denied by the police citing potential law and order issues.
Findings of Court:
The court quashed the police's order, directing them to grant permission for the cultural programme with specific conditions to ensure public order.
Issues: The main issue was whether the police's denial of permission was justified based on law and order concerns.
Ratio Decidendi: The court ruled that traditional cultural events should be allowed unless there is clear evidence of potential disruption, emphasizing the importance of timely police responses to requests for protection.
Result: Writ Petition allowed with directions.
ORDER
This Writ Petition has been filed by the petitioner calling for the records of the impugned order of the second respondent herein in Na.Ka.No.04 /2025/Va.Ka.Ni/dated 08.04.2025 and to quash the same and consequently direct the respondents herein to grant police protection from 27.04.2025 to 03.05.2025 including to conduct 'Pottikku Potti' Aadal Padal Cultural Programme to be held on the night of 02.05.2025 from 09.00 P.M. to 11.00P.M.
2. The petitioner averred that he along with the villagers belong to Peraiyur village and in their village, there is a temple called Arulmighu Shri Pichanda Moorthy. It is a rich heritage and ancient temple. During the temple festival, a cultural programme like Aadal padal programme is being conducted in a peaceful manner without any law and order problem. Likewise, in this year also, Urchava Vizha of Arulmighu Shri Pichanda Moorthy (Ki.Pi.25) Amudhu Padaiyal Festival is scheduled on 27.04.2025 to 03.05.2025 and there is a proposal to conduct Aadal padal programme on 02.05.2025 between 09.00 pm to 11.00 pm. Therefore, the petitioner submitted a representation to the respondent, seeking permission to conduct Aadal padal programme on 02.05.2025. The 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 Criminal Original 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 02.05.2025.
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 criminal original 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
Traditional cultural events should be permitted unless substantial law and order concerns are evidenced, emphasizing timely police consideration of requests for protection.
Customary celebrations should be upheld unless substantial evidence of potential disruption exists, emphasizing timely consideration of requests for police permission.
Traditional cultural celebrations must be respected, and police must consider requests for such events reasonably and within a specified timeframe.
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 programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.
Cultural events should not be denied without substantial justification, and authorities must respond promptly to requests for permissions.
Traditional cultural celebrations should not be denied without substantial evidence of potential disruption, and timely police responses to permission requests are essential.
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 programmes traditionally held at temples cannot be denied by authorities without substantial justification, emphasizing timely consideration of requests to maintain public order.
Cultural programmes related to traditional festivals should be permitted unless there is a clear and imminent threat to public order.
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