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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
P. Jayakannan – Appellant
Versus
The Inspector of Police – Respondent
W.P. No. 14313 of 2025 and W.M.P. No. 16116 of 2025
Decided on : 23-04-2025
(A) Writ of Mandamus - Police Protection - The petitioner sought to quash the order denying permission for a cultural program during a temple festival, citing past peaceful celebrations. The court emphasized the need for police to grant permission for traditional events unless a clear law and order issue is presented. (Paras 1, 2, 8)
(B) Cultural Programs - The court reiterated that traditional celebrations should be allowed, provided they adhere to reasonable conditions to maintain public order. (Paras 6, 8)
Facts of the case:
The petitioner, representing villagers, sought permission to conduct a cultural program during a temple festival, which had been celebrated peacefully for two decades. The respondent denied permission citing potential law and order issues.
Findings of Court:
The court quashed the respondent's order, directing them to grant permission for the cultural program with specific conditions to ensure public order.
Issues: The main issues included the legitimacy of denying permission for a traditional cultural program and the conditions under which such events can be conducted.
Ratio Decidendi: The court ruled that traditional cultural programs should not be denied without substantial evidence of potential law and order problems, emphasizing the importance of cultural heritage.
Result: Writ Petition allowed.
ORDER
This Writ Petition has been filed by the petitioner calling for the records of the respondent vide his order in Na.Ka.No.05/Ka.Aa/ KILIYANUR Ka.Ni/2025 dated 14.04.2025 and quash the same and consequently, directing the respondent to grant Police protection to conduct cultural programme (Adal Padal Nigalchi) in the event of Kiliyanur, Kilkoothapakkam Village Arulmigu Sree Muthu Mariyamman Temple Festival at Vanur Taluk, Villupuram District on 29.04.2025 between 06.00 pm and 11.00 pm.
2. The petitioner averred that he along with the villagers are belong to Kilkoothapakkam village and in their village, there is a temple called Arulmigu Sree Muthu Mariyamman Temple. It is a rich heritage and ancient temple and for the past two decades, they are celebrating Temple festival. During the temple festival, a cultural programme like Aadal padal programme is being conducted for the past two decades in a peaceful manner without any law and order problem. Likewise, in this year also, Kiliyanur, Kilkoothapakkam Village Arulmigu Sree Muthu Mariyamman Temple Festival at Vanur Taluk, Villupuram District is scheduled for one day and there is a proposal to conduct Aadal padal programme on 29.04.2025 from 06.00 P.M to 11.00 P.M. Therefore, the petitioner submitted a representation to the respondent, seeking permission to conduct Aadal padal programme on 29.04.2025. 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 29.04.2025.
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 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 G
Traditional cultural programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.
Traditional cultural celebrations must be respected, and police must consider requests for such events reasonably and within a specified timeframe.
Customary celebrations should be upheld unless substantial evidence of potential disruption exists, emphasizing timely consideration of requests for police permission.
Traditional cultural events should be permitted unless substantial law and order concerns are evidenced, emphasizing timely police consideration of requests for protection.
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.
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.
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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