Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
K. Veeraraj - Appellant
Versus
State Rep. by its Superintendent of Police - Respondent
W.P. No. 4839 of 2025
Decided On : 10-02-2025
ORDER :
1. This Writ Petition has been filed by the petitioner, to set aside the impugned order passed by the second respondent dated 06.02.2025 made in Na.Ka.No.02/2025/Va.Ka.Ni, thereby rejecting permission to conduct the Aadal Padal programme to be held on 11.02.2025 during the night time at 06.00 P.M to 10.00 P.M on the eve of “Sri Valli Devayani Sametha, Sri Sakthi Velmurugan Thirukovil Thaipoosam festival, and quash the impugned order along with the consequential prayer for granting permission and an adequate police protection to conduct the Aadal Padal programme on 11.02.2025.
2. The petitioner averred that there is a temple called Sri Valli Devayani Sametha, Sri Sakthi Velmurugan Thirukovil. During the temple festival, a cultural programme like Aadal padal programme is being conducted in the last year in a peaceful manner without any law and order problem. Likewise, in this year also, Sri Valli Devayani Sametha, Sri Sakthi Velmurugan Thirukovil Thaipoosam festival is scheduled for two days and there is a proposal to conduct Aadal padal programme on 11.02.2025 at about 06.00 P.M. to 10.00 P.M. Therefore, the petitioner submitted a representation to the second respondent, seeking permission to conduct Aadal padal programme on 11.02.2025. 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 writ 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 11.02.2025.
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 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 Vs. 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
Traditional cultural events should not be denied without substantial justification, and police must respond to requests in a timely manner.
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.
The court affirmed the right to conduct traditional cultural programmes, emphasizing timely police consideration and the necessity of maintaining public order.
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.
The court upheld the right to conduct traditional cultural programs, emphasizing timely police consideration and the importance of maintaining public order.
The court upheld the right to conduct customary cultural events, emphasizing timely police responses to requests for permissions to prevent unnecessary litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
