BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. PUGALENDHI, J.
K. Karuppu - Petitioner
Versus
The Deputy Superintendent of Police, Usilampatti Division, Madurai Division and Anr. – Respondents
W.P. Crl.(MD) No.7 of 2025 and WPMP Crl (MD) No.11 of 2025
Decided On : 06-06-2025
ORDER :
(B. PUGALENDHI, J. )
The petitioner has approached this Court that his representation, seeking permission and police protection for various programmes namely Sri Valli Thirumanam Nadakam on 06.06.2025, Sri Mahamayee Nadagam on 07.06.2025, Sri Archana Maana Kandam on 08.06.2025 in the eve of Arulmigu Sri Kamba Kamatchiamman, Sri Karuppaswamy Kovil Urchava Thiruvizha at Nadamudalakuam Village, Usilampatti Talul, Madurai district has not been considered, has approached this Court.
2.The petitioner claims that he is a member of festival committee of Arulmigu Sri Kamba Kamatchiamman, Sri Karuppaswamy Kovil They have sought permission to conduct the programmes as above by their representation dated 07.05.2025, however it has not been considered by the respondent police. Therefore, the petitioner has approached this court.
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 permission has not been granted.
4. The learned Counsel for the petitioner submits that the festival is being conducted by the entire villagers and there is no possibility for any law and order problem. The petitioner will ensure that the festival is conducted without any law and order problem. In the event, any law and order problem arises, the petitioner undertakes to take the responsibility for the same. That apart, the learned Counsel for the petitioner also submits that he is ready to do some social service in 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 Sri Valli Thirumanam Nadakam on 06.06.2025, Sri Mahamayee Nadagam on 07.06.2025, Sri Archana Maana Kandam on 08.06.2025 in connection with the temple festival has not been considered by the respondent police 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. Further the petitioner has been permitted in the past to conduct festival, vide order dated 26.09.2024 in WP(MD)Nos.22929 and 22944 of 2024.
7. Considering the submissions made by the learned Counsel for the petitioner, 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 writ petition is disposed of with the following directions :
i. the petitioner shall pay a sum of Rs.25,000/- (Rupees twenty five thousand only) to the Local Village Pancahayat for the purpose of desilting a water body in the village.
ii. The festival committee shall use the sound amplifier system and maintain the sound decibel level within the permissible limits.
iii. On filing such undertaking affidavit and on production of receipt of payment, the respondent Police shall grant permission for conducting the adal padal programme on 05.06.2025 as per the circular of the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in Rc.No.007301/General I(I)/2019, dated 09.04.2019.
iv The respondent Police shall ensure that the amount of Rs. 25,000/- paid by the petitioner to the Local Village Panchayat is used for desilting a water body in the Village.
8. The Special Officer of the Village Panchayat and the respondent Police shall file a report before this Court as to the compliance of desilting work in the water body. Consequently connected miscellaneous petition is closed.
The court held that community festivals can proceed under the petitioner's responsibility for law and order, conditional on cooperation with local authorities.
The court can permit cultural events with conditions to ensure public safety, balancing community interests and law enforcement concerns.
Judicial discretion can override administrative denials of public event permissions when community assurances are provided against potential law and order issues.
Balancing individual rights for cultural expression with public interest and law enforcement concerns is critical in writ jurisdiction.
Court affirmed long-standing local tradition for event conduct over police concerns of law and order when assurances are provided.
Writ of Certiorarified Mandamus granted to quash police order rejecting permission to hold cultural program, if held with peaceful observance of law and order.
Customary celebrations should be upheld unless substantial evidence of potential disruption exists, emphasizing timely consideration of requests for police permission.
High Court can direct grant of permission for cultural event when petitioner undertakes peace; refusal solely on anticipated law and order concerns invalid.
Traditional cultural programs should not be denied without substantial evidence of potential law and order issues, emphasizing the importance of cultural heritage.
The court has the authority to grant permission for cultural programs with specific conditions to ensure public order and harmony.
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