Balancing individual rights for cultural expression with public interest and law enforcement concerns is critical in writ jurisdiction.

ORDER :

(B. PUGALENDHI, J.)

The petitioner with a grievance that his representation, seeking permission and police protection for conducting Adal Padal programme on 12.06.2025 and 13.06.2025, in connection with Vaigasi Pongal Festival of Arulmigu Sri Kaliamman, Sri Muthumariamman Temple, Thumma Naickanpatti, Peraiyur Taluk, Madurai District, has been rejected by the respondent police, vide his proceedings, dated 27.05.2025, has approached this Court.

2. The petitioner claims that he is the member of festival Committee of Arulmigu Sri Kaliamman, Sri Muthumariamman Temple, Thumma Naickanpatti, Peraiyur Taluk, Madurai District. The Committee along with the villagers have decided to conduct Vaigasi Pongal festival in the above temple and they have also proposed to conduct Adal Paadal programme as part of the temple festival and therefore, they have submitted a representation to the respondents on 27.05.2025. However, the same has been rejected by the second respondent. Therefore, the present writ petition is filed.

3. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that since there is a possibility of law and order problem, the second respondent police has rejected the representation of the petitioner.

4.In reply, the learned Counsel for the petitioner submits that the festival is being conducted by the entire villagers and there is no possibility of any law and order problem. The petitioner also assures that the festival will be conducted without any law and order problem. In the event, if any law and order problem arises affecting the harmony of the Village, the petitioner undertakes to take responsibility for the same. That apart, the petitioner is ready to do some social service to the Local Village Pancahayat, by paying a sum of Rs.25,000/- for the purpose of desilting a water body in the village.

5. This Court considered the rival submissions made by either side.

6. The petitioner's request for conducting the cultural programme in connection with the temple festival has been rejected by the second respondent on the ground of law and order problem. However, the petitioner claims that there is no possibility of law and order problem and they will conduct the programme without any law and order problem. Moreover, the petitioner is prepared to pay a sum of Rs.25,000/- to the Local Village Pancahayat for the purpose of desilting a water body in the village.

7. Though this Court is not inclined to grant the relief as prayed for, considering the submissions made by the learned Counsel for the petitioner and also considering the undertaking given by the petitioner that he will be responsible for the law and order problem if any arises and the petitioner is prepared to do some social service by paying a sum of Rs.25,000/- to the Local Village Panchayat for the purpose of desilting a water body in the village, this Court is inclined to allow this writ petition, however, the Aadal Padal programme is restricted for one day on 12.06.2025.

8.Accordingly, the order impugned in this writ petition is set aside and this writ petition is partly allowed with the following directions:-

i. The petitioner shall file a fresh application before the respondent police, seeking permission to conduct ''Adal Paadal programme''.

ii.The petitioner shall pay a sum of Rs.25,000/- (Rupees twenty five thousand) to the Local Village Pancahayat for the purpose of desilting a water body in the village.

iii.The petitioner shall also file an affidavit before the respondent Police with the following undertaking:

iii. The festival committee shall use the sound amplifier system and maintain the sound decibel lev