Madras High Court
K.Arul vs State Rep By Its Superintended Of Police on 28 May, 2025
W.P.No.19517 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2025
CORAM
THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
W.P.No.19517 of 2025
K.Arul ... Petitioner
Vs.
1. State Rep by its Superintended of Police,
O/o. District Superintended of Police,
Cuddalore District.
2. State Rep by its the Inspector of Police,
Ramanattham Police Station,
Cuddalore District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents authority to give
permission to conduct the cultural Music Programme at Sri Mariyamman
Temple, Perangiyam Village, Cuddalore District on 01.06.2025 based on
petitioner representation dated 26.05.2025 and rejection order of the second
respondent.
For Petitioner : M/s. T.Dharani
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
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W.P.No.19517 of 2025
ORDER
The Writ Petition has been filed by the petitioner seeking permission to
conduct the cultural Music Programme at Sri Mariyamman Temple,
Perangiyam Village, Cuddalore District on 01.06.2025 based on petitioner
representation dated 26.05.2025 and rejection order of the second respondent.
2. The petitioner averred that he belongs to Perangiyam Village and in
their village, there is a temple called Sri Mariyamman Temple. It is of rich
heritage and an ancient temple and for the past several years, they are
celebrating Temple festival. During the temple festival, a cultural programme
like Aadal padal programme is being conducted for the past several years in a
peaceful manner without any law and order problem. Likewise, in this year
also, Sri Mariyamman Temple, Perangiyam Village, Cuddalore District is
scheduled on 01.06.2025. Therefore, the petitioner submitted a
representation to the respondent, seeking permission to conduct Aadal padal
programme on 01.06.2025. The respondent, without considering the above
circumstances, mechanically rejected permission to conduct Aadal padal
programme for the reason that if they conduct Aadal padal programme, there
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will be a law and order problem. Hence, the present Writ petition has been
filed.
3. The learned counsel appearing for the petitioner would submit that
this Court repeatedly directs the police officials to grant permission to
conduct Aadal padal programme and other related programmes with certain
conditions. Therefore, he prayed to grant permission to conduct Aadal padal
programme on 01.06.2025.
4. The learned Additional Public Prosecutor appearing for the
respondents submitted that the Festival scheduled for one day and there is a
proposal to conduct Aadal padal programme on 01.06.2025. Therefore, the
petitioner submitted a representation to the second respondent, seeking
permission to conduct Aadal padal programme on 01.06.2025. The second
respondent rejected permission to conduct Aadal padal programme for the
reason that if they conduct Aadal padal programme, there will be a law and
order problem. Hence, he prayed for dismissal of the present Writ petition.
5. Heard the learned counsels appearing on either side and perused the
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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”
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It is also relevant to note the notification dated 10.08.2017 in
S.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
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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
petitioner that the sound system will be operated within
permissible decibel levels is recorded.”
7. 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
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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 dealing 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
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directions, as given above, will have to be complied with
by the police officer concerned."
8. Following the above judgments of this Court referred to supra, this
writ petition is disposed of with a direction to the second respondent to grant
permission and to provide adequate police protection for the Aadal padal
programme to be conducted on 01.06.2025 during night time on the event of
Sri Mariyamman Temple, festival at Perangiyam Village, Cuddalore District,
subject to the following conditions:
a) the Aadal padal programme in connection with a Festival in Sri
Mariyamman Temple, festival at Perangiyam Village, Cuddalore District on
01.06.2025. The programme should be completed before 11.00 midnight or
within the time permitted by the second 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 any of the participants.
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(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 communal 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
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played beyond the permitted time limit.
(j) The second respondent is directed to issue necessary permission,
incorporating the above conditions.
9. It is open to the respondent police to put 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 of this order can be utilised
for the purpose of execution of the Order.
No costs.
28.05.2025
av
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
1. The Superintended of Police,
O/o. District Superintended of Police,
Cuddalore District.
2. The Inspector of Police,
Ramanattham Police Station,
Cuddalore District.
3. The Public Prosecutor,
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High Court, Madras.
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K. GOVINDARAJAN THILAKAVADI, J.
av
28.05.2025
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