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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
S. Shanmugam – Appellant
Versus
The Inspector of Police, Edaiyur Police Station – Respondent
W.P. No. 14317 of 2025 and W.M.P. No. 16117 of 2025
Decided on : 23-04-2025
(A) Writ Petition - Police Protection - The petitioner sought to quash the respondent's order denying permission for a cultural programme during a temple festival, citing past peaceful celebrations. The respondent's rejection was based on potential law and order issues. The court referenced prior rulings emphasizing the importance of customary celebrations and directed the respondent to grant permission with conditions. (Paras 1, 2, 8)
(B) Public Order - The court reiterated that customary practices should be upheld unless there is substantial evidence of potential disruption. (Paras 6, 8)
Facts of the case:
The petitioner, representing villagers, sought permission for a cultural programme during a temple festival, which had been celebrated peacefully for two decades. The respondent denied permission citing law and order concerns.
Findings of Court:
The court quashed the respondent's order and directed the grant of permission for the cultural programme with specific conditions to ensure public order.
Issues: The main issues were the validity of the respondent's concerns regarding law and order and the right to conduct customary celebrations.
Ratio Decidendi: The court held that customary celebrations should be allowed unless there is clear evidence of potential disruption, emphasizing the need for timely consideration of requests for permission.
Result: Writ Petition allowed.
O R D E R
This Writ Petition has been filed by the petitioner calling for the records of the respondent dated 04.04.2025 and quash the same and consequently, directing the respondent to grant Police protection to conduct cultural programme (Adal Padal Nigalchi) in the event of Aariyalur Thiruvasalmedu Village Arulmigu Kottai Kaliyamman, Edumban Swamy, Koronayamoorthi & Anjaneyar Temple Festival at Thiruthuraipoondi Taluk, Thiruvaur District on 09.05.2025 between 06.00 pm and 11.00 pm.
2. The petitioner averred that he along with the villagers are belong to Aariyalur Thiruvasalmedu Village and in their village, there is a temple called Arulmigu Kottai Kaliyamman, Edumban Swamy, Koronayamoorthi & Anjaneyar 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, Aariyalur Thiruvasalmedu Village Arulmigu Kottai Kaliyamman, Edumban Swamy, Koronayamoorthi & Anjaneyar Temple Festival at Thiruthuraipoondi Taluk, Thiruvaur District is scheduled for one day and there is a proposal to conduct Aadal padal programme on 09.05.2025 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 09.05.2025. 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 09.05.2025.
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 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 limi
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.
Traditional cultural events should be permitted unless substantial law and order concerns are evidenced, emphasizing timely police consideration of requests for protection.
Traditional cultural programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.
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.
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.
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.
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