2025 Supreme(Online)(Mad) 46964
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
K.S.Nallu – Appellant
Versus
The State of Tamil Nadu rep – Respondent
W.P.Crl.(MD)No.290 of 2025
For the Appellants/Petitioners: Mr.A.Naresh Prabu
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
Court directed police to permit festival after ensuring conditions for public safety while emphasizing responsibility for law and order.
Headnote:(A) Constitution of India - Article 226 - Issuance of Writ of Certiorari - The petitioner sought permission and police protection for conducting a temple festival-related programme, which was rejected by the police due to apprehension of law and order issues. The court noted the petitioner's assurances to ensure smooth proceedings and contribution to social service for the village. The impugned order was set aside with directions to conduct the festival, provided certain conditions including payments are met. (Paras 1-7)
(B) Law and Order - Duty of Police - The court emphasized the police's responsibility to ensure public safety while also adhering to the legal framework for public events, requiring supervision during the proceedings. (Paras 6-7)
| Table of Content |
|---|
| 1. request for temple festival permits. (Para 1 , 2) |
| 2. concerns over law and order raised. (Para 3 , 4) |
| 3. court considers arguments made. (Para 5 , 6) |
| 4. court's final decision and conditions. (Para 7) |
ORDER
The petitioner has approached this Court that he sought for permission and police protection for conducting Adal Padal programme on 29.06.2025, in connection with the Festival of“Arulmigu Vengalamoorthi Ayyanar Thirukovil” situated at Thanakankulam, Madurai District and the same has been rejected by the third respondent.
2.The petitioner claims that he is a Member of festival committee of “Arulmigu Vengalamoorthi Ayyanar Thirukovil” situated at Thanakankulam, Madurai District and according to him, the villagers have decided to conduct a festival in the above temple and Adal Padal on 29.06.2025. Therefore, they have submitted a representation to the respondents and the same has been rejected by the respondents.
Therefore, the present writ petition has been 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 third respondent police has rejected the petitioner's representation.
4.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 the 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 has been rejected by the third 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 smoothly. 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.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, the order impugned dated 23.06.2025 is set aside and this writ petition is allowed with a 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 petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Tamil Nadu Police Benevolent Fund for Police protection.
iii.The petitioner shall also file an affidavit before the second respondent Police with the following undertaking: 1/eh'f; s; eljj; ts[ s; Mly; ghly; epfHr; ;rpapy;
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