Customary celebrations should not be hindered without substantial justification, and authorities must respond promptly to requests for cultural events.

ORDER :

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order made in Na.Ka.No.10/Ka.Thu.Ka.Pa/2025, dated 16.02.2025 passed by the second respondent, quash the same and consequently direct the respondents to grant permission and protection to conduct cultural program (Dance and Music Program) in Arulmigu Sri Mariamman Aalayam situated at Muthandikuppam Village, Panruti Taluk, Cuddalore District scheduled to be held on 24.02.2025 from 6.00 p.m to 10.30 p.m.

2. The learned counsel for the petitioner submits that a temple namely, Arulmigu Sri Mariamman Aalayam situated at Muthandikuppam Village, Panruti Taluk, Cuddalore District, for the past several decades, the villagers and the neighbouring villagers used to celebrate the festival in a grandeur manner every year. Accordingly, the villagers have decided to celebrate the Arulmigu Sri Mariamman Aalayam temple festival for this year by collecting funds from the public of the said villagers. The said festival was scheduled to be conducted on 24.02.2025. Therefore, the petitioner submitted a representation to the second respondent, seeking permission and protection to conduct cultural program in Arulmigu Sri Mariamman Aalayam on 24.02.2025. The second respondent, without considering the above circumstances, mechanically rejected permission to conduct dance and music programme for the reason that if they conduct dance and music programme, there will be a law and order problem.Hence, the present Writ Petition is filed.

3. The learned counsel appearing for the petitioner further submits 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 24.02.2025.

4. The learned Government Advocate (Criminal Side) appearing for the respondents submits 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 before this Court.

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.