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2025 Supreme(Mad) 3206

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
M. Loganathan - Petitioner 
Versus
The Inspector of Police, Neyveli Town Police Station, Vadakuthu, Cuddalore District – Respondent .
W.P.No.8690 of 2025 and W.M.P.No.9726 of 2025
Decided On : 12-03-2025

Advocates Appeared:
For the Petitioner: Mr. A. Sathishkumar.
For the Respondent:Mr. A. Gopinath, Government Advocate (crl.side).

Cultural events should not be denied without substantial justification, and authorities must respond promptly to requests for permissions.

Headnote:(A) Writ Petition - Permission to conduct cultural event - The petitioner challenged the rejection of permission for the Aadal Padal programme on grounds of potential law and order issues. The court emphasized the importance of cultural traditions and prior rulings allowing similar events. (Paras 1-10)

(B) Cultural Events - The court reiterated that traditional celebrations should not be hindered without substantial justification, and police must act promptly on requests for permissions. (Paras 6-8)

Facts of the case:
The petitioner sought permission to conduct a cultural event at a significant temple festival, which had been celebrated peacefully for years. The respondent denied permission citing potential law and order problems.

Findings of Court:
The court quashed the respondent's order and directed the grant of permission with specific conditions to ensure public order.

Issues: The main issues included the justification for denying permission and the need for timely responses from authorities regarding cultural events.

Ratio Decidendi: The court ruled that cultural traditions must be respected and that authorities should not deny permissions without valid reasons, emphasizing the need for timely consideration of requests.

Result: Writ petition allowed with directions for permission and conditions.

 ORDER :

(G.K. ILANTHIRAIYAN, J.)

This Writ Petition has been filed by the petitioner challenging the proceedings of the respondent made in proceedings No.05/Neyveli Town/2025 dated 06.03.2025 thereby rejecting permission to conduct the Aadal Padal programme to be held on 21.03.2025 between 6.00 pm and 11.00 pm on the eve of “Kannuthoppu, Santhaivelipettai Village Arulmigu Mariyamman Temple at Kurinjipadi Taluk, Cuddalore District along with the consequential prayer for granting permission and an adequate police protection to conduct the Aadal Padal programme on 21.03.2025.

2. The petitioner has averred that he belongs to Kannuthoppu, Santhaivelipettai Village and that in their village, there exists a temple known as Arulmigu Mariyamman Temple, which is an ancient and culturally significant temple with a rich heritage. For the past 12 years, the residents of the village have been celebrating the Kodai Festival. During the temple festival, a cultural event known as the "Aadal Padal" programme has been conducted for the past two decades in a peaceful manner, without any law and order issues. In the current year, the Arulmigu Mariyamman Temple Festival is scheduled to be held over two days, with the petitioner proposing to conduct the Aadal Padal programme on 21.03.2025, from 6.00 pm to 11.00 pm. Consequently, the petitioner submitted a representation to the respondent seeking permission to conduct the Aadal Padal programme on the said date. However, the 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 21.03.2025.

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 during night hours (between 10.00 p.m. to 12.00 midnight) on or du

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