The court upheld the right to conduct traditional cultural programs, emphasizing timely police consideration and the importance of maintaining public order.

ORDER :

(G.K. ILANTHIRAIYAN, J.)

This Writ Petition has been filed by the petitioner challenging the order of rejection dated 22.03.2025 passed by the second respondent, wherein permission to conduct the Aadal Padal programme, scheduled for 08.04.2025, at the Perichamudiayar, Sri Pidariyamman, and Sri Ponvarathamman Temple, situated at Edaiyur Village, Thiruthuraipoondi Taluk, Thiruvarur 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 employed as an agricultural coolie and is also serving as the in-charge of the function committee for the Perichamudiayar, Sri Pidariyamman, and Sri Ponvarathamman Temple. It is further stated that the said temple is an ancient and culturally significant institution, renowned for its rich heritage. The petitioner contends that the Aadal Padal programme, which forms an integral part of the temple festival, has been conducted for the past 25 years in a peaceful manner, without any disturbances or law and order issues. For the current year, the temple festival is scheduled to take place from 31.03.2025 to 09.04.2025, with the petitioner intending to hold the Aadal Padal programme on 08.04.2025. Consequently, the petitioner submitted a representation to the second respondent seeking permission to conduct the Aadal Padal programme on the said date. However, the second 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 08.04.2025.

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 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 durin