High Court · 2025

W.P.Crl.(MD)No.826 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 04.08.2025CORAM:THE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P.Crl.(MD)No.826 of 2025and W.P.M.P.Crl.(MD)No.227 of 2025G.Krishnan ... PetitionerVs.1.The Superintendent of Police, Tenkasi District.2.The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.3.The Sub-Inspector of Police, Ayyapuram Police Station, Tenkasi 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 third respondent in 67/Forecast/S8 PS/2025 dated NIL and quash the same as illegal and consequently direct the respondents to grant permission to conduct temple festival of Arulmigu Sri Santhanamariyamman Thirukovil Kodai festival function and other cultural programs along 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025with “Adal and Padal” program which will be held on 05.08.2025 at about 06.00 to 11.00 pm at Arulmigu Sri Santhanamariyamman Thirukovil kodai festival function at K.Karisalkulam Village, Tenkasi District and to give necessary Police protection to the said temple function.For Petitioner: Mr.K.DineshFor 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 05.08.2025, in connection with the Festival of Arulmigu Sri Santhanamariyamman Thirukovil at K.Karisalkulam Village, Tenkasi District, but the same has been rejected by the third respondent.2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 20252.The petitioner claims that he is a Member of festival committee of Arulmigu Sri Santhanamariyamman Thirukovil at K.Karisalkulam Village, Tenkasi District and according to him, the villagers have decided to conduct a festival in the above temple and Adal Padal on 05.08.2025. Therefore, they have submitted a representation to the respondents, but the same has been rejected by the third respondent. 3.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 third respondent police has rejected the petitioner's representation. 4.The learned Counsel for the petitioner submits that the festival is being conducted by the entire villagers and there is no possibility of any 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 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025the 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. 5.This Court considered the rival submissions made by either side.6.The petitioner's request for conducting the cultural programme in connection with the temple festival has been rejected by the third 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 petitioner 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. 7.Considering the submissions made by the learned Counsel for 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025the 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 Thousand only) to the Tamil Nadu Police Benevolent Fund for Police protection.iii.The petitioner shall also file an affidavit before the third 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 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025my;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 Rw;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 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025eilbgWk;/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 third respondent Police shall grant permission for conducting the adal padal programe on 05.08.2025 as per the circular of the Director General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in Rc.No.007301/General I(I)/2019, dated 09.04.2019. v.The third 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 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025spirit.vi.The third 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 third 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.04.08.2025gns8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025To1.The Superintendent of Police, Tenkasi District.2.The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.3.The Sub-Inspector of Police, Ayyapuram Police Station, Tenkasi District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5. The Special Officer, K.Karisalkulam Village, Tenkasi District9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.826 of 2025B.PUGALENDHI, J.gnsW.P.Crl.(MD)No.826 of 202504.08.202510/10