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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
S.Balasubramaniyan - Appellant
Versus
The Inspector of Police - Respondent
W.P.No.11877 of 2025 and W.M.P.No.13440 of 2025
Decided on : 02-04-2025
(A) Writ Petition - Permission for cultural programme - The petitioner sought permission to conduct a cultural programme during a temple festival, which was denied by the respondent citing potential law and order issues. The court emphasized the importance of traditional celebrations and previous rulings allowing such events. (Paras 1-10)
(B) Law and Order - The court noted that the police must consider requests for cultural events reasonably and within a specified timeframe. (Paras 6-7)
Facts of the case:
The petitioner, representing villagers, sought permission for a cultural programme during the Arulmigu Siraimettamman Temple festival, which was traditionally held without issues. The respondent denied permission, citing law and order concerns.
Findings of Court:
The court quashed the respondent's order and directed them to grant permission for the programme with specific conditions to ensure public order.
Issues: The main issues were the validity of the respondent's denial of permission and the need for police to act reasonably on such requests.
Ratio Decidendi: The court ruled that traditional celebrations must be respected and that police should not deny permission without valid reasons, emphasizing the need for timely responses to requests.
Result: Writ Petition allowed with directions.
ORDER :
This Writ Petition has been filed by the petitioner calling for the records of the respondent dated 25.03.2025 and quash the same and consequently directing the respondent to grant permission and police protection to conduct cultural programme (Adal padal Nigalchi) in the event of Keelaperumazhai Village Arulmigu Siraimettamman Temple festival at Thiruthuraipoondi Taluk, Thiruvarur District on 08.04.2025 between 06.00 PM and 11.00 PM.
2. The petitioner averred that he along with the villagers belong to Keelaperumazhai village and in their village, there is a temple called Arulmigu Siraimettamman Temple festival. 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, Arulmigu Siraimettamman Temple Festival is scheduled on 08.04.2025 and there is a proposal to conduct Aadal padal programme on 08.04.2025 between 06.00 pm to 11.00 pm. Therefore, the petitioner submitted a representation to the respondent, seeking permission to conduct Aadal padal programme on 08.04.2025. 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 08.04.2025.
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 of the days on which such exemption sh
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 programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.
Traditional cultural events should be permitted unless substantial law and order concerns are evidenced, emphasizing timely police consideration of requests for protection.
Cultural events with a history of peaceful conduct should not be denied by police without substantial justification, and timely consideration of requests is essential.
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 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 affirmed the right to conduct traditional cultural programmes, emphasizing timely police consideration and the necessity of maintaining public order.
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