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2025 Supreme(Online)(Mad) 64895

IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Mahalingam – Appellant
Versus
The Commissioner of Police, Madurai City, Madurai – Respondent
W.P.Crl.(MD)No.962 of 2025



Advocates:
For the Appellants/Petitioners: Mr.T.Palanisamy
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

Court affirmed long-standing local tradition for event conduct over police concerns of law and order when assurances are provided.

Headnote:(A) Constitution of India - Article 226 - Writ of Certiorarified Mandamus - Permission for conducting Adal Padal Programme rejected by police due to potential law and order issues - Petitioner, claiming peaceful past conduct of the festival, challenges the rejection. (Paras 1-5)

(B) Police powers - Assessment of law and order risks - The court ruled that the long-standing tradition of peaceful conduct suffices to warrant permission when responsibly managed by petitioners. (Paras 4-8)

Facts of the case:
The petitioner, as President of the temple’s festival committee, requested police permission for a cultural program associated with the temple festival on a specified date, which was denied by police citing potential law and order issues despite the petitioner’s assurance.

Findings of Court:
The court set aside the rejection, allowing the festival to proceed under specified conditions, including payments for police protection and social works.

Issues: The core issue involved assessing the potential risk of law and order problems against the tradition of peaceful celebration.

Ratio Decidendi: The court emphasized the long-standing history of successful event management by the locals as a key factor in approving the festival, provided proper measures were assured.

Result: Writ petition allowed, setting aside the police order.

Table of Content
1. petitioner's request for festival permission rejected by police due to law concerns. (Para 1 , 2)
2. petitioner assures no law issues; festival historically peaceful. (Para 3 , 4)
3. court to assess community commitments against police objections. (Para 5 , 6 , 7 , 8)

O R D E R

The petitioner has submitted a representation before the respondent police, sought for permission and police protection for conducting Adal Padal Programme, on account of temple festival of Arulmighu Shri Veyil Ugantha Amman Temple function at Pasumpon Nagar, Thirupparankundram Village on 17.08.2025 and the same was rejected by the respondent police, by his proceedings, dated 09.08.2025. Challenging the same, the petitioner is before this Court.

2.The petitioner claims that he is the President of festival committee of ''Arulmighu Shri Veyil Ugantha Amman Temple''. The villagers have organized the temple festival and as a part of the same, they proposed to conduct Adal Padal cultural programme on 17.08.2025 from 6.00 pm to 10.00 pm. Therefore, on behalf of the villagers, the petitioner has sent a representation to the respondent police on 09.08.2025, sought for permission and police protection, however, it was rejected on the ground of law and problem. Hence, the petitioner is before this Court.

3.The learned counsel appearing for the petitioner submits that for the past few years, the villagers are jointly conducting the cultural programme in a peaceful manner and therefore, there will not be any possibility for law and order problem as predicted by the respondent police.

4.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that considering the traffic congestion and also apprehending law and order problem, the second respondent police has rejected the petitioner's representation.

5. In reply, 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 Body, by paying a sum of Rs.25,000/- for the purpose of desilting a water body in the village. He also submits that the petitioner also undertakes to deposit a sum of Rs.5,000/- each to the Police personnel for providing protection.

6.This Court considered the rival submissions made by either side.

7.The petitioner's request for conducting the cultural programme in connection with temple festival has been rejected by the second respondent in view of the 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 Body for the purpose of desilting a water body in the village and a sum of Rs.5,000/- each to the Police personnel for providing protection.

8.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 Body for the purpose of desilting a water body in the village, the impugned order of the second respondent is 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 only) to the Local Body 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 affida

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