High Court · 2025

W.P. No.18843 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22-05-2025 CORAMTHE HONOURABLE MR. JUSTICE N. SENTHIL KUMARW.P. No.18843 of 2025A. Ganesan... Petitioner-vs-1.The Deputy Superintendent of Police,Panruti Deputy Superintendent Police Office,Panruti, Cuddalore District.2.The Sub Inspector of Police,Muthandikuppam Police Station,Cuddalore District.... RespondentsWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, or any other appropriate order to call for the record relating to the impugned order dated 13.05.2025 of the second respondent by which he not recommended for the police protection and quash the same and consequently, direct the first respondent to grant permission and police protection to conduct the cultural program scheduled to be held on 01.06.2025 at about 06:00 PM to 10:30 PM in Arulmigu Uthukattu Mariyamman Temple situated at Visur Village, Panrutti Taluk, Cuddalore District by considering the petitioner representation dated 13.05.2025.Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025For Petitioner :Mr. V. NeethiduraiFor Respondents:Mr. S. Vinoth KumarGovernment Advocate (Crl. Side)******O R D E RThis writ petition has been filed for a writ of certiorarified Mandamus to call for the record relating to the impugned order dated 13.05.2025 of the second respondent and quash the same and consequently, direct the first respondent to grant permission and police protection to conduct the cultural program scheduled to be held on 01.06.2025 at about 06:00 PM to 10:30 PM in Arulmigu Uthukattu Mariyamman Temple situated at Visur Village, Panrutti Taluk, Cuddalore District.2.The petitioner averred that he is the President of Festival Committee of Arulmigu Uthukattu Mariyamman Temple at Visur Village. The petitioner along with the villagers of the Visur village decided to organize the programs including cultural program in the said temple festival. For that, the petitioner gave a representation to the respondent on 13.05.2025 for seeking permission to conduct the cultural program on Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 202501.06.2025 in the event of temple festival. It is also further submitted that the petitioner and the organizing committee had given assurance to the respondent for conducting cultural program in a peaceful manner, however the respondent had not granted permission to conduct the cultural program and rejected the same. Hence, this writ petition. 3. The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct cultural programmes and other related programmes in temple festival with certain conditions. Therefore, he prayed to quash the impugned order dated 13.05.2025 and prayed to grant permission to conduct cultural programme scheduled to be held on 01.06.2025 at about 06:00 PM to 10:30 PM in Arulmigu Uthukattu Mariyamman Temple situated at Visur Village, Panrutti Taluk, Cuddalore District.4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that if the petitioner is allowed to conduct cultural programmee (Aadal padal programme), there will be a law and order problem. Therefore, this writ petition is liable to be dismissed.Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 20255. Heard the learned counsel appearing on either side and perused the materials placed on record.6. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows:“3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:- “3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for”7.It is also relevant to note the notification dated 10.08.2017 in Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows:“3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:- (3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.” Considering the above, this Court passed the following order in W.P.(MD) No.14491 of 2018, which reads as follows:“7.This Court, taking into consideration the earlier order of this Court and that on earlier occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the “Light Music” and “Patti Mandram” upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of learned counsel for Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025petitioner that the sound system will be operated within permissible decibel levels is recorded.”8. In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order:“2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions. 3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled.4. It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days. 5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations. Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned."9. In view of the above decisions rendered by this Court, the impugned order passed by the respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order dated 13.05.2025 passed by the second respondent is hereby quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025the respondent:-10.The respondent is directed to grant permission and to provide adequate police protection for the cultural programme to be conducted on 01.06.2025 at 06.00 P.M. to 10:30 P.M. on the event of Arulmigu Uthukattu Mariyamman Temple festival at Visur Village, Panrutti Taluk, Cuddalore District, subject to the following conditions:(a) The cultural programme (Aadal padal programme) in connection with a Festival in Arulmigu Uthukattu Mariyamman Temple, Visur Village at Panrutti Taluk, Cuddalore District, scheduled to be held on 01.06.2025 should be completed before 10.30 p.m. or within the time permitted by the respondent. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.(c) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.(d) Double meaning songs should not be played so as to spoil the minds of students and youths.(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.(f) No flex boards in support of any political party or Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025communal leader, shall be erected at the premises of the programme.(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.(h) If there is 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 forthwith; and(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.(j) The respondent is directed to issue necessary permission, incorporating the above conditions. 11. It is open to the respondent police to put forth any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Boards representing any community. The uploaded copy can be utilised for the purpose of execution of the Order.N. SENTHILKUMAR, J.Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P. No.18843 of 2025stn/ nsl12. This Writ Petition is allowed with the above observations and directions. No costs. Consequently, connected writ miscellaneous petition stands closed.22.05.2025stn/nslTo1.The Deputy Superintendent of Police,Panruti Deputy Superintendent Police Office,Panruti, Cuddalore District.2.The Sub Inspector of Police,Muthandikuppam Police Station, Cuddalore District.3.The Public Prosecutor, High Court of Madras.W.P. No.18843 of 2025Page 10 of 10