High Court · 2025

W.P.Crl.(MD)No.865 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 06.08.2025CORAM:THE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P.Crl.(MD) No.865 of 2025Chelliah ... PetitionerVs.1.The State of Tamil Nadu, Rep. by its the Deputy Superintendent of Police, Sankarankoil Sub Division, Tenkasi District.2.The State of Tamil Nadu, Rep. by the Inspector of Police, Kuruvikulam Police Station, Tenkasi District.3.The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Thiruvengadam 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, calling for the records relating to the rejection order of the petitioners request vide order passed in Na.Ka.No.129/Kaathuka/Sa.Vu./2025 dated 30.07.2025 passed by the 1st respondent herein and quash the same as illegal and consequently direct the respondents to grant permission and police protection for conducting of the village festivals and aadal paadal cultural event on 07.08.2025 in Arulmigu Sri Kaaliamman Temple of Vaadukapaaraipatti 1/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025Village, Thiruvengadam, Sankarankoil Taluk, Tenkasi District as requested under the petitioner's representation / request, dated 28.07.2025.For Petitioner: Mr.S.KadarkaraiFor Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side).ORDERThe petitioner has approached this Court that his representation, seeking permission and Police protection for conducting Adal Padal programme on 07.08.2025, in connection with the temple festival of Arulmigu Sri Kaaliamman Temple of Vaadukapaaraipatti Village, Thiruvengadam, Sankarankoil Taluk, Tenkasi District has been rejected by the first respondent. 2.The petitioner is one of the Members of festival committee of Arulmigu Sri Kaaliamman Temple of Vaadukapaaraipatti Village, Thiruvengadam, Sankarankoil Taluk, Tenkasi District and the villagers have decided to conduct a festival in the above temple on 07.08.2025. Therefore, they have submitted a representation to the respondents on 28.07.2025. But, the same has been rejected by the first respondent. Therefore, the present 2/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025Writ Petition has been filed. 3.Mr.B.Thanga Aravind, learned Government Advocate (Crl.Side) takes notice for the respondents and submits that since there is a possibility of law and order problem, the first 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 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. 5.This Court considered the rival submissions made by either side.3/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 20256.The petitioner's request for conducting the Aadal Paadal program in connection with the temple festival has been rejected by the first respondent on the ground of law and order problem. However, the petitioner claims that there is no possibility of law and order problem and they will conduct the programme without any law and order problem. 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. 7.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 order impugned, dated 30.07.2025 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.4/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025ii.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 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;/5/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 20256/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 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 aadal paadal programe on 07.08.2025 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. 6/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025v.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 personnels 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 first respondent Police shall file a report before this Court as to the compliance of desilting work in the water body. Viii.In the event of any violation of the aforesaid conditions, the respondents are at liberty to register a criminal case against the committee members, including the petitioner.8. There shall be no order as to costs. 06.08.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NoIndu7/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025To1.The State of Tamil Nadu, Rep. by its the Deputy Superintendent of Police, Sankarankoil Sub Division, Tenkasi District.2.The State of Tamil Nadu, Rep. by the Inspector of Police, Kuruvikulam Police Station, Tenkasi District.3.The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Thiruvengadam Police Station, Tenkasi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 8/9 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.865 of 2025B.PUGALENDHI, J.InduW.P.Crl.(MD)No.865 of 202506.08.20259/9