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2025 Supreme(Mad) 4574

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 


Advocates Appeared:
For the Petitioner: Mrs. P. Jessi Jeeva Priya.
For the Respondents:Mr. E. Antony Sahaya Prabahar, Additional Public Prosecutor, Mr. Bairavan for Impelading petitioner.

The court held that community festivals can proceed under the petitioner's responsibility for law and order, conditional on cooperation with local authorities.

Headnote:(A) No specific laws or legal provisions were cited in the judgment.

(B) The court maintained that the petitioner must ensure no law and order issues arise during the festival.

(C) The petitioner sought permission for cultural programs and has been allowed to conduct similar events previously.

(D) Key issues included police denial based on potential law and order problems and considerations of festival significance. (E) The court accepted the petitioner's undertaking to take responsibility for order maintenance and the commitment to social service through a payment for village improvement. (F) The court directed the police to grant permission for the events after the petitioner complies with specified conditions, ensuring community engagement. (G) The parties involved are a petitioner and the respondents from the police department. (H) No dissenting opinions were presented.

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.

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