Madras High Court
S. Sasitharan vs The Superintendent Of Police on 20 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.5901 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5901 of 2025
S. Sasitharan ... Petitioner
Vs.
1. The Superintendent of Police,
Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police,
Panruti Sub Division, Panruti,
Cuddalore District.
3. The Inspector of Police,
Muthandikuppam Police Station,
Panruti Taluk, Cuddalore District. ... Respondents
PRAYER: The Writ Petition is filed under Article 226 of the
Constitution of India for the issuance of a Writ of Certiorarified
Mandamus to call for the records relating to the impugned order made in
Na.Ka.No.10/Ka.Thu.Ka.Pa/2025, dated 16.02.2025 passed by the second
respondent, quash the same and consequently direct the respondents to
grant permission and protection to conduct cultural program (Dance and
Music Program) in Arulmigu Sri Mariamman Aalayam situated at
Muthandikuppam Village, Panruti Taluk, Cuddalore District scheduled to
be held on 24.02.2025 from 6.00 p.m to 10.30 p.m.
https://www.mhc.tn.gov.in/judis
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W.P.No.5901 of 2025
For Petitioner : Mr.R.Chakkaravarthy
For Respondent
Nos.1 to 3 : Mr.K.M.D.Muhilan
Government Advocate (Crl.Side)
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order made in Na.Ka.No.10/Ka.Thu.Ka.Pa/2025, dated 16.02.2025 passed by the second respondent, quash the same and consequently direct the respondents to grant permission and protection to conduct cultural program (Dance and Music Program) in Arulmigu Sri Mariamman Aalayam situated at Muthandikuppam Village, Panruti Taluk, Cuddalore District scheduled to be held on 24.02.2025 from 6.00 p.m to 10.30 p.m.
2. The learned counsel for the petitioner submits that a temple namely, Arulmigu Sri Mariamman Aalayam situated at Muthandikuppam Village, Panruti Taluk, Cuddalore District, for the past several decades, the villagers and the neighbouring villagers used to celebrate the festival in a grandeur manner every year. Accordingly, the villagers have decided to celebrate the Arulmigu Sri Mariamman Aalayam temple festival for this year by collecting funds from the public of the said villagers. The https://www.mhc.tn.gov.in/judis Page 2 of 10 W.P.No.5901 of 2025 said festival was scheduled to be conducted on 24.02.2025. Therefore, the petitioner submitted a representation to the second respondent, seeking permission and protection to conduct cultural program in Arulmigu Sri Mariamman Aalayam on 24.02.2025. The second respondent, without considering the above circumstances, mechanically rejected permission to conduct dance and music programme for the reason that if they conduct dance and music programme, there will be a law and order problem. Hence, the present Writ Petition is filed.
3. The learned counsel appearing for the petitioner further submits 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 quash the impugned order and prayed to grant permission to conduct Aadal padal programme on 24.02.2025.
4. The learned Government Advocate (Criminal Side) appearing for the respondents submits that if the petitioner is allowed to conduct Aadal Padal programme, there will be a law and order problem. Therefore, this criminal original petition is liable to be dismissed. https://www.mhc.tn.gov.in/judis Page 3 of 10 W.P.No.5901 of 2025
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
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” 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 https://www.mhc.tn.gov.in/judis Page 4 of 10 W.P.No.5901 of 2025 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 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 the earlier occasions.
3. Considering the issue involved, which will be https://www.mhc.tn.gov.in/judis Page 5 of 10 W.P.No.5901 of 2025 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 directions, as given above, will have to be complied with by the police officer concerned."
8. In view of the above decision rendered by this Court, the impugned order passed by the second respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order dated 16.02.2025 passed by the second respondent is quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to the respondents:-
The respondents are directed to grant permission and to provide adequate police protection for the Aadal Padal programme to be https://www.mhc.tn.gov.in/judis Page 6 of 10 W.P.No.5901 of 2025 conducted on 24.02.2025 from 06.00 P.M. to 10.30 P.M. on the eve of Arulmigu Sri Mariamman Aalayam Festival situated at Muthandikuppam Village, Panruti Taluk, Cuddalore District, subject to the following conditions:
a) the Aadal padal programme in connection with a Festival in Arulmigu Sri Mariamman Aalayam situated at Muthandikuppam Village, Panruti Taluk, Cuddalore, scheduled to be held on 24.02.2025 should be completed before 11.00 midnight or within the time permitted by the respondents.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the second respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(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 https://www.mhc.tn.gov.in/judis Page 7 of 10 W.P.No.5901 of 2025 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 played beyond the permitted time limit.
(j) The respondents are directed to issue necessary permission, incorporating the above conditions.
9. It is open to the respondents police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community. The uploaded copy can be utilised for the purpose of execution of the Order.
10. This Writ Petition is allowed with the above observations and directions. There shall be no order as to costs.
20.02.2025 asi Note: Issue order copy on or before 21.02.2025. To
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Panruti Sub Division, Panruti, Cuddalore District.
3. The Inspector of Police, https://www.mhc.tn.gov.in/judis Page 8 of 10 W.P.No.5901 of 2025 Muthandikuppam Police Station, Panruti Taluk, Cuddalore District.
https://www.mhc.tn.gov.in/judis Page 9 of 10 W.P.No.5901 of 2025 G.K.ILANTHIRAIYAN, J.
asi W.P.No.5901 of 2025 20.02.2025 https://www.mhc.tn.gov.in/judis Page 10 of 10