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2026 Supreme(Online)(Mad) 43735
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
K. Kalaiselvan – Appellant
Versus
Deputy Superintendent of Police – Respondent
W.P.Crl.(MD) No.2873 of 2026
For the Appellants/Petitioners: G. Thalaimuthurasu
For the Respondents: D. Venkatesh
A writ of mandamus seeking permission for a public cultural event at a disputed location will be denied if it contradicts prior judicial orders concerning the use of that same venue and existing instructions for relocation to avoid local conflict.
Headnote:The petitioner sought a writ of mandamus to direct the police to grant permission and protection for a cultural drama event during a temple consecration ceremony. The court reviewed prior litigation concerning the same site where another individual had successfully sought directions to restrict the staging of such events in front of their residence due to persistent nuisance. The main issue is whether the court should grant permission for a cultural performance at a disputed location despite existing judicial directions to relocate such events to avoid conflict between villagers. The ratio decidendi centers on the principle that the court will not issue a mandamus that contradicts previous judicial orders specifically addressing the usage of a contested public venue, particularly when authorities have been directed to identify alternative sites to ensure local harmony. The writ petition is dismissed.
| Table of Content |
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| 1. filing of a petition seeking mandamus for cultural event permission. (Para 1) |
| 2. non-grant of permission due to existing judicial directives regarding site dispute for public events. (Para 2 , 3) |
ORDER
The present Writ Petition has been filed seeking Mandamus, directing the respondents to grant permission and police protection for conducting "Valli Thirumanam Drama" on 31.05.2026 in connection with Arulmigu Sri Periyakaruppu, Sri Chinnakaruppu, Sri Santhi Veeran, Sri Vadakarai Kaali, Sri Sangilikaruppu and Sri Nondikaruppu Kovil Consecration ceremony or Maha Kumbhabhishekam at Keezhanilai Village, Thirukkalapatti Post, Thirupttur Taluk, Sivagangai District, based on the writ petitioner's representation dated
16.05.2026.
2.When this matter is taken up for hearing today, the learned Counsel for the State of Tamil Nadu (Crl.side) would submit that one Mr.M.Murugesan has approached this Court on several times and sought direction restricting the petitioner herein from conducting drama in front of his house and this Court has repeatedly issued directions to the Police authorities to shift the place, that vide order dated 20.05.2026, in WP.(MD)No.14236 of 2026 this Court has observed that the said M.Murugesane should not be driven to approach this Court every year and his representation dated 04.05.2026 shall be considered forthwith by the Block Development Officer, Thirupathur Taluk and, in view of the undertaking given earlier in W.P.(MD)No.17579 of 2022, the same shall be considered not only for this year but also for the ensuing years. This Court has further observed that the alternative site offered by the said M.Murugesan may also be considered and directed the Block Development Officer to issue appropriate instructions to locate the drama stage in the alternative location. Despite the above direction, the petitioner herein has again sought for permission for the same place.
3.In view of the above submission and also taking note of the earlier order passed by this Court in WP.(MD)No.14236 of 2026 dated 20.05.2026, this Court is not inclined to grant any permission. Accordingly, this writ petition is dismissed. No costs.
