High Court · 2025

W.P.Crl.(MD)No.752 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 29.07.2025CORAM:THE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P.Crl.(MD)No.752 of 2025and W.P.M.P.Crl.(MD)No.210 of 2025Kombayapandian ... PetitionerVs.1.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District. ... RespondentsPrayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in C.No.16/Rejection Order/D2PS/2025 dated 19.07.2025 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program ie., Adal Padal on 04.08.2025 at 07.00 pm., to 10.00 pm in the eve of Arulmigu Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil, Thiruvizha at Veeravanji Nagar, Kovilpatti, 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025Thoothukudi District. For Petitioner: Mr.M.AlagarsamyFor Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public ProsecutorORDERThe petitioner has approached this Court that he sought for permission and police protection for conducting Adal Padal programme on 04.08.2025, in connection with the Festival of Arulmigu Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil, Thiruvizha at Veeravanji Nagar, Kovilpatti, Thoothukudi District, but the same has been rejected by the second respondent.2.The petitioner claims that he is a Member of festival committee of Arulmigu Sankaralingaswamy Sametha Sri Sankareshwari Ambal Thirukovil, Thiruvizha at Veeravanji Nagar, Kovilpatti, Thoothukudi District and according to him, the villagers have decided to conduct a 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025festival in the above temple and Adal Padal on 04.08.2025. Therefore, they have submitted a representation to the respondents, but the same has been rejected by the third respondent. 3.The learned counsel appearing for the petitioner, by relying on the earlier orders passed by this Court in WP.(MD)Nos.14618 of 2016, 13772 of 2017, 16930 of 2019 and 16700 of 2022, submits that the petitioner has conducted Adal Padal during temple festival as his duty, for the past four years. Therefore, he may be permitted to complete his duty during 8th Mandagapadi, on 04.08.2025.4.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that since there is a possibility of law and order problem, the second respondent police has rejected the petitioner's representation. 5.The learned Counsel for the petitioner submits that the festival is being conducted by the entire villagers and there is no possibility of 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025any 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 Village Pancahayat, 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 the 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 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025petitioner is prepared to pay a sum of Rs.25,000/- to the Local Village Pancahayat 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 Village Panchayat for the purpose of desilting a water body in the village, the impugned order of the third 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 Village Pancahayat for the purpose of desilting a water body in the village.ii.The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025Thousand only) to the Tamil Nadu Police Benevolent Fund for Police protection.iii.The petitioner shall also file an affidavit before the second respondent Police with the following undertaking:"1/eh';fs; elj;jt[s;s Mly; ghly; epfH;r;rpapy; g';nfw;Fk; fiy"h;fs; miuFiw Milfisnah my;yJ Mghr eld mirt[fisnah gad;gLj;jkhl;lhh;fs;/2/,ul;il mh;j;j ghly;fnsh my;yJ trd';fnsh my;yJ rhjp kjk; my;yJ murpay;; bjhlh;ghd trd';fnsh ,lk;bgwhJ/3/tpsk;gu gyiffs; kw;Wk; Rtbuhl;ofs; gad;gLj;jg;glhJ/4/xypbgUf;fpapd; xyp mst[ mf;fk; gf;fk; cs;sth;fSf;F ,ila{W Vw;gLj;jhj mstpy; mikf;fg;gLk;. Tk;g[ tot xypbgUf;fpfs; gad;gLj;jkhl;nlhk;/5/ghh;itahsh;fspd; thfdq;fs; thfdk; epWj;Jtjw;fhf xJf;fg;gl;l ,lj;jpy; kl;Lnk epWj;jg;gLk;/6/fiyepfH;r;rp eilbgWk; ,lk; kw;Wk; mij 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025Rw;wpa[s;s ,lq;fspy; kJ kw;Wk; gpw nghijg;bghUl;fs; tpepnahfpf;fg;glkhl;lhJ.7/nkYk;. epfH;r;rp khiy 7 kzp Kjy; 10 kzpf;Fs; elj;jp Kof;fg;gLk;/8/rl;lk; xG';F rk;ke;jkhf. fhty;Jiwapdh; tpjpf;Fk; epge;jidfis gpd;gw;wp nkw;go epfH;;r;rp eilbgWk;/9/fhty;Jiwapduhy; mspf;fg;gLk; ghJfhg;gpw;fhd brytpid brYj;Jfpnwhk;/10/epfH;r;rp bjhlh;ghf tpjpf;fg;gLk; epge;jidfis gpd;gw;w jtWk;gl;rj;jpy;. ePjpkd;wj;jhy; tpjpf;fg;gLk; jz;lidfis Vw;Wf;bfhs;fpnwhk;/"iv.On filing such undertaking affidavit and on production of receipt of payment to the Village Panchayat and Tamil Nadu Police Benevolent Fund for Police Protection, the second respondent Police shall grant permission for conducting the adal padal programe on 04.08.2025 as per the circular of the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in Rc.No.007301/General 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025I(I)/2019, dated 09.04.2019. v.The second respondent Police shall depute a minimum of two Police personnel (Preferably one male and one female) for Police protection. It is the duty and responsibility of the deputed Police personnel that the conditions imposed are followed in its letter and spirit.vi.The second respondent Police shall ensure that the amount of Rs.25,000/- paid by the petitioner to the Local Village Panchayat is used for desilting a water body in the Village. vii.The Special Officer of the Village Panchayat and the second respondent Police shall file a report before this Court as to the compliance of desilting work in the water body. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.29.07.2025gns8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025To1.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4. The Special Officer, Veeravanji Nagar, (Panchayat) Kovilpatti, Thoothukudi District. 9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.752 of 2025B.PUGALENDHI, J.gnsW.P.Crl.(MD)No.752 of 202529.07.202510/10