No prior permission required for age-old religious temple festivals; fundamental rights prevail over apprehension of law and order issues.

ORDER

Challenging the impuned order order passed by the first respondent in Na.Ka.A4/479/2026-(31) dated 24.03.2026 and consequently seeking permission to conduct Mariamman Temple festival, which is scheduled to be held on 05.04.2026, this writ petition is filed.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor submitted that the impuned order has been issued only on the recommendation of the second respondent after receiving a report that during the earlier Shivaratri function, there had been a disharmony and law and order problem due to the interference of two history sheeters namely Manoj Kumar and Vicky @ Vigneshwaran.

3. The learned counsel for the Petitioner submitted that it is for the police to deal with the history sheeters in the manner known to law and they cannot hinder the temple administration from conducting temple festivals, which are age old customary practices, more particularly the Panguni festival in Arulmigu Mariyaman temple which is conducted for the past 70 years.

4. This court has dealt with a similar case where the revenue authorities and the police had refused permission for conduct of temple festival in WP(MD)No.18554 of 2022 dated 16.08.2022 and the relevant portion of the same is extracted as follows:

" 3. I wanted to know from the counsel on either side if there is any legal provision which mandates that the villagers must obtain prior permission for conducting their age old temple festivals. My attention was not drawn to any, specific provision as such.

4. The Constitution of India confers certain fundamental rights. Article 19(1)(b) states that all citizens shall have the right to assemble peaceably and without arms. Article 25 (1) states that subject to public order, morality and health and to the other provisions of Part III, are persons are equally entitled to freely practice religion. The Hon'ble Supreme Court of India in Gulam Abbas v. State of U.P (AIR 1981 SC 218) held that religious faith and the performance of the rites, customary practices and observances constitute one's fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India. This judgment was followed by the Division Bench of the Madras High Court (2021 SCC Online Mad 1779/WA No.743 of 2019). A learned Judge of this Court in WP No.6986 of 2018 dated 23.03.2018 held that centuries old custom and religious practices cannot be ignored or found as insignificant, since such customs privileges and practices go with the sentiment of the people of the locality and the Government machinery cannot interfere in a casual manner under mere apprehension. If some untoward incidents had taken place in the past, interference can only be by way of regulatory measure. The event itself cannot be banned or prohibited. Administrative inconvenience or anticipated incidents may not be cited as the reason to stop established customs and practices.

5. Section 42-A of the Tamil Nadu District Police Act, 1859 which provides for the presence of police personnel in any public meeting or assembly or procession states that this requirement will not apply to any assembly or meeting of a purely religious character held in a recognized place of worship. Section 41 of the Chennai City Police Act which contains the power to regulate assemblies, meetings and processions in public places etc., B (in sub section 8 states that nothing in the Section shall apply to any assembly or meeting of a purely religious character held in a recognized place of worship. This provision was the subject matter of reference under Section 438 (2) of the old Cr.Pc be