Madras High Court
G.Sathya Priya vs The State Of Tamil Nadu on 9 September, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2025
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN
Writ Petition No.24433 of 2025
G.Sathya Priya ... Petitioner
..Vs..
1.The State of Tamil Nadu,
Rep by its Chief Secretary,
Secretariat St. George Fort,
Chennai-600 009.
2.The Secretary,
Home Department,
Secretariat, St.George Fort,
Chennai-600 009.
3.The Director General of Police,
Law and Order,
Kamarajar Salai,
Mylapore, Chennai-4.
4.The District Collector,
Ramanathapuram District.
5.The District Collector,
Sivagagai District.
6.The Superintendent of Police,
Ramanathapuram District.
7.The Superintendent of Police,
Sivagangai District. ... Respondents
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2
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a writ of Mandamus, to direct the respondents to
prohibit the conduct “Thevar Jayanthi, “Immanuvel Sekaran Memorial
day, Mutharaiyar Festival, Dheeran Chinnalai Festival, Veerapandiya
Kattabomman festival, Maruthupandiyar Guru Poojai and
Moogaiyathevar festival celebrations processions, public meetings, and
related functions in Ramanathapuram District and other sensitive areas of
Tamil Nadu in the interest of maintaining public order and communal
harmony, and Direct the 3rd 6th and 7th respondents to take effective
preventive measures under the relevant provisions of law, including
Section 144 Cr.P.c/163 of BNSS, the Tamil Nadu District Police Act
1859, register the FIR, to ensure peace and tranquiliity and direct the 3rd
respondent police to submits so far registered case status details against
these festival by considering the petitioner's representation dated
20.08.2025 within the stipulated time period.
For Petitioner : Mr.G.Sakthi Rao
For R1, 2, 4 & 5 : MrM.Ajmalkhan,
Additional Advocate General,
assisted by Mr.P.Thilakkumar,
Government Pleader
For R3, 6 & 7 : Mr.P.Kottaichamy
Government Advocate
ORDER
(Order of the Court was made by C.KUMARAPPAN,J.)
This Writ Petition is filed for the issuance of a writ of mandamus
to direct the respondents to prohibit the conduct of “Thevar Jayanthi,
“Immanuvel Sekaran Memorial day, Mutharaiyar Festival, Dheeran
Chinnalai Festival, Veerapandiya Kattabomman festival,
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Maruthupandiyar Guru Poojai and Moogaiyathevar festival celebrations
processions, public meetings, and related functions in Ramanathapuram
District and other sensitive areas of Tamil Nadu, in the interest of
maintaining public order and communal harmony, and Direct the 3rd 6th
and 7th respondents to take effective preventive measures under the
relevant provisions of law, including Section 144 Cr.P.c/163 of BNSS,
the Tamil Nadu District Police Act 1859, register the FIR, to ensure
peace and tranquillity and direct the 3rd respondent to submit so far
registered case status details against these festivals, by considering the
petitioner's representation dated 20.08.2025.
2.Heard Mr.G.Sakthi Rao, learned counsel appearing for the
petitioner, MrM.Ajmalkhan, learned Additional Advocate General,
assisted by Mr.P.Thilakkumar, Government Pleader, for the respondent
Nos.1, 2, 4 & 5 and Mr.P.Kottaichamy, learned Government Advocate
appearing for the respondents No.R3, 6 & 7.
3.The learned counsel appearing for the petitioner would submit
that the petitioner is a law abiding and public spirited citizen. It is the
submission of the petitioner that every year during the period of Thevar
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Jayanthi, Immanuvel Sekaran Memorial Day, Mutharaiyar Festival,
Dheeran Chinnamalai Festival, Veerapandiya Kattabomman Festival
celebrations, there is a widespread communal tension and caste-based
clashes which resulted in disruption of public peace and destruction of
public property. The learned counsel would also invite the attention of
this Court to various photographs taken during above events at different
point of time, which depicts the violence and the unlawful conduct
caused by the participants. The learned counsel would further submit that
no criminal cases have been registered against those violators and the
participants of such events, are let scot free as they are political
personalities. Hence, he prays for a mandamus prohibiting the conduct of
the above celebrations.
4.Per contra, the said contention was stoutly objected by the
learned Additional Advocate General by contending that in order to
effectively manage this events, they have made elaborate arrangements
and have also conducted meetings with various officials. The learned
Additional Advocate General would further submit that the District
Magistrate has promulgated the order under Section 163(1) of BNSS,
prohibiting public meeting or assembling of five or more persons. Apart
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from that, the learned Additional Advocate General would contend that
criminal cases were registered whenever there was a violation of law by
the organizers or participants and has also produced the details of the list
of those cases. The learned Additional Advocate General would further
submit that any blanket ban of such events, is nothing but violation of
fundamental rights to assemble and association. Hence, prays to dismiss
the present writ petition.
5.We have given our anxious consideration to either side
submissions and also perused the materials available on record.
6.The main fulcrum of the submission rest upon the point that the
conduct of these events would pave way for communal clashes and
disruption to the public peace. No doubt, there were incidents of such
nature, which the Government cannot deny. But, it is the submission of
the learned Additional Advocate General that, in order to effectively
manage and conduct the event with utmost peace, Government has made
elaborate arrangements. The learned Additional Advocate General has
invited the attention of this Court about the minutes of meeting dated
20.08.2025 conducted in the presence of the District Collector, where all
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the departments were participated and in which, they have formulated the
guidelines for the organizers, Police, Revenue and Disaster Management
Department, Municipal Corporation and Water Resources Department,
Transport Department, Local Authorities, Highways Department, Fire
Department, Health and Family Department, Education Department and
Electricity Department. The said minutes of meeting is taken on record.
7.Apart from that, the learned Additional Advocate General would
also inform the Court that the District Collector of Ramanathapuram, has
proclaimed an order under Section 163(1) of BNSS, vide order dated
29.08.2025. This Court has perused the minutes of meeting dated
20.08.2025, wherein the fourth respondent has taken elaborate
arrangements to avoid any untoward incidents. As rightly submitted by
the learned Additional Advocate General, if any blanket ban is imposed,
then it is nothing but denial of fundamental rights for the peaceful
assembly and protest. As held in the judgment of the Hon'ble Supreme
Court in RAMLILA MAIDAN INCIDENT, IN RE, reported in (2012) 5
SCC 1, the citizen's has right for peaceful assembling with the
responsibility to maintain public order. Furthermore, it is the duty of the
State to facilitate protection by considering “Care Perception”to those
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who assemble for such an event. Therefore, though this Court has found
a genuine concern raised by the petitioner, the Government had already
taken all actions of “Care Perception” to avoid any untoward incidents.
Therefore, this Court finds no ground to issue any further mandamus to
the respondents.
8.Therefore, recording the submissions of the learned Additional
Advocate General and by recording the minutes of meeting of the fifth
respondent, dated 20.08.2025, this Writ Petition is disposed of. No costs.
[A.S.M.J.,] & [C.K.J.,]
09.09.2025
Index::Yes/No
Ncc:Yes/No
Ns
DR.ANITA SUMANTH,J.
AND
C.KUMARAPPAN,J.
Ns
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To
1.The State of Tamil Nadu,
Rep by its Chief Secretary,
Secretariat St. George Fort,
Chennai-600 009.
2.The Secretary,
Home Department,
Secretariat, St.George Fort,
Chennai-600 009.
3.The Director General of Police,
Law and Order,
Kamarajar Salai,
Mylapore, Chennai-4.
4.The District Collector,
Ramanathapuram District.
5.The District Collector,
Sivagagai District.
6.The Superintendent of Police,
Ramanathapuram District.
7.The Superintendent of Police,
Sivagangai District.
Order made in
Writ Petition No.24433 of 2025
09.09.2025
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