ORDER

This writ petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 18.08.2022 on the file of the third Respondent and quash the same as illegal and further direct the Respondents to grant permission to conduct Krishna Jayanthi Rally from Shri Boodanayagi Amman Temple, Thuvarankuruchi to Bus Stand, Thuvarankuruchi on

28.08.2022 from 04.00 p.m., to 07.00 p.m.

2. Mr.E.Antony Sahaya Prabahar. learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the President of Viswa Hindu Parishad. In Thuvarankurichi Village, they celebrate Krishna Jeyanthi Thiruvizha in a grand manner. This year also, they celebrated the festival in a grand manner peacefully in the village. Further, this year, they propose to celebrate Krishana Jeyanthi Thiruvizha on 19.08.2022 from evening 04.00 p.m., to 07.00 p.m., by conducting rally from Shri Boodanayagi Amman Temple, Thuvarankuruchi to Bus Stand, Thuvarankuruchi and thereafter to hoist a flag at the Bus stand, Thuvarakkurichi. For this purpose, he sought permission from the third respondent to provide police protection. Permission petition of the petitioner was rejected by the third respondent police, by its order, dated 18.08.2022 vide C.No.

06/F30/TVK PS/2022, which is unsustainable.

4. The learned counsel further submitted that Police Standing Order 30(2) deals about controlling any event of breach of peace. Since the alleged rally on behalf of Krishna Jeyanthi festival children are being dressed as Lord Krishna, there is no scope for any law and order problem in the present event. The respondent police mechanically rejected their representation received stating that there is a law and order problem. The entire stretch of rally proposed to be conducted is only one kilometre. Hence, the unreasonable order passed by the third respondent may be set side and permission may be granted directing the police to provide police protection for the proposed rally from Shri Boodanayagi Amman Temple, Thuvarakuruchi to Bus Stand, Thuvarakuruchi on 28.08.2022. In support of his arguments, he placed reliance upon the judgment of this Court in W.P(MD) No.18554 of 2022, dated 16.08.2022.

5. The learned Additional Advocate General objected to grant permission and supported the impugned order. He further submitted that the proposed rally from Shri Boodanayagi Amman Temple, Thuvarankuruchi to Bus Stand, Thuvarankuruchi on 28.08.2022 cannot be permitted since on the enroute, there is Dharka and Church. There will be some law and order problem while crossing Dharka. Further, the proposed rally is a new function and previously, they have not conducted any rally while conducting Krishna Jeyanthi Thiruvizha. They have no objection to celebrate the Krishna Jeyanthi Thiruvizha within the temple premises. The rally in the public road will cause communal problem and law and order problem.

6. I have considered the submission of the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents police.

7. A perusal of the records and the impugned order passed by the third respondent reveals that the petitioner is the President of Viswa Hindu Parishad and they proposed to celebrate Krishna Jeyanthi Thiruvizha on 19.08.2022 from evening 04.00 pm., to 07.00 pm., by conducting rally from Shri Boodanayagi Amman Temple, Thuvarankuruchi to Bus Stand, Thuvarankuruchi and thereafter, to hoist flag at bus stand, Thuvarkuruchi. In this connection, they gave representation to the third respondent, seeking permission and also to provide police protection, which was dismissed by the third respondent police, by passing an impugned order, in which, they have stated that if the rally is permitted, traffic will b