Judicial discretion can override administrative denials of public event permissions when community assurances are provided against potential law and order issues.

ORDER :

B. Pugalendhi, J.

The petitioner has approached this Court that his representation, seeking permission for conducting Adal Padal Programme on 13.06.2025 in connection with the temple festival of Arulmigu Sri Sundavaliyan Kovil, has been rejected by the 2^nd respondent, on the ground of law and order problem.

2. The petitioner claims that he is a Member of festival committee of Arulmighu Sri Sundavaliyan Kovil and according to him, the villagers have decided to conduct Adal Padal programme on 13.06.2025 in connection with the temple festival of Arulmigu Sri Sundavaliyan Kovil and therefore, they have submitted a representation to the 2^nd respondent. However, the 2^nd respondent, by order dated 10.06.2025, rejected their request. Hence, the petitioner is before 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, the 2^nd respondent police has not granted any permission to 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, the petitioner undertakes to take responsibility for the same. That apart, the learned Counsel for the petitioner also submits that they are 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 was rejected by the 2^nd 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.

8.Accordingly, the impugned order passed by the 2^nd respondent in Na.Ka.No.06/Ka.Aa/Ilai/Siva.U.Co/Siva/2025 dated 10.06.2025 is hereby set aside and this writ petition is allowed with the following directions:-

i. 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.

ii.The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand) to the 2^nd respondent Police for police protection.

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

iv. On filing of such undertaking affidavit and on production of receipt of payment to the Village Panchayat and on payment of Rs.10,000/- for police protection, the second respondent Police shall grant permission for conducting the Adal Padal programme on 13.06.2025, 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.

v. 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.

vi. The Special Officer of the Village Panchayat and the second respondent Police shall file a report before this Court as