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2025 Supreme(Online)(Mad) 70731

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE S.SRIMATHY
Chandran – Appellant
Versus
The Superintendent of Police – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2025 CORAM:

THE HON'BLE MRS. JUSTICE S.SRIMATHY Chandran ...Petitioner Vs.

1. The Superintendent of Police, Tenkasi District, Tenkasi.

2. The Deputy Superintendent of Police, Puliyangudi Sub Division, Tenkasi District.

3. The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tenkasi District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to grant Police Permission and Protection for celebration of 265st Death Anniversary Memorial Day of ''Vennik Kaaladi'' Freedom Fighter and procession with his photo and taking Palkoodam and Mulaippari on 20.12.2025 from 07.00 a.m., to 07.00 p.m., at Patchery Village, Nelkattumseval, Sivagiri Taluk, Tenkasi District.

For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side)

ORDER

This writ petition is filed for Writ of Mandamus to direct the 2nd and

3rd respondents to grant Police Permission and Protection for celebration of 265st Death Anniversary Memorial Day of ''Vennik Kaaladi'' Freedom Fighter and procession with his photo and taking Palkoodam and Mulaippari on 20.12.2025 from 07.00 a.m., to 07.00 p.m., at Patchery village, Nelkattumseval, Sivagiri Taluk, Tenkasi District.

2. The learned counsel appearing for the petitioner submitted that the petitioner had already filed a petition for the same celebration in W.P.(MD) No. 24757 of 2018, and the same was allowed by this Court on

19.12.2018 with certain conditions, as set out below:

''6. The apprehension of the respondents is taken note of. The respondent police having not stated any valid reason in the impugned order regarding communal sensitivity cannot now take a different stand. This Court is of the opinion that permission can be granted imposing some stringent conditions. In view of the same, the respondents police are directed to grant permission for conducting the Vennik Kaaladi Anniversary at Survey No.743/3 in NerkattumSeval Village, by enclosing the following conditions: i) the petitioner shall undertake and ensure that the function will be attended only by the people belonging to Patchery Village, Nerkattum Seval Sivagiri Taluk and no outsider shall participate and that the petitioner and his people will not commute to the venue of the function in any vehicle;

ii)The Vennik Kaaladi Anniversary should be completed within the time frame fixed by the respondent police i.e. 08.00 am to 10.00 am and the petitioner and other participants shall disburse immediately after the function from the venue;

iii) The petitioner and other participants shall not use any public address system or shout, raise any slogan for or against any community party or community or party leader or any caste, community or creed;

iv) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity; v) The participants of the function shall not wear any form of dress showing offending slogans or picture ofanycommunal/political leader which may cause disturbance;

vi) Songs praising communal leader or having communal overtones should not be played;

vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;

viii) There should not be any FlexBoardsrepresenting any community or political leaders;

ix) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance;

1. (x)Similarly, the Police is empowered to stop the anniversary function, if it exceeds beyond the permitted time;

xi) the participants of the function shall not intake any kind of toxic substance or liquor during the function;

xii) If there is any untoward incident, the village people and the organizers of the function be made responsible for the same;

xiii

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