W.P.(MD)No.10166 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025 CORAM THE HON'BLE MR.JUSTICE P.DHANABAL W.P.(MD)No.10166 of 2025 and W.M.P(MD) No.7574 of 2025 Koottalamoodu Arulmighu Bathreshwari Devasthanam Rep. by its Secretary C.Rajkumar S/o.Chinna Nadar Painkulam Kanyakumari District ... Petitioner Vs. 1. The District Collector Kanyakumari District Kanyakumari. 2. The District Revenue Officer Nagercoil Kanyakumari District 3. The Inspector of Police Pudhukadai Police Station Kanyakumari District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Na.Ka. No.32/C7PS/2025 dated 17.03.2025 on the file of the third respondent and quash the same 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 as illegal and further direct the respondents to grant permission for traditional public display of fireworks in the 10th day of Chithirai Festival at Koottalamoodu Arulmigu Bathreshwari Amman Temple situated at Painkulam, Kanyakumari District on 13.05.2025 after Thirukodi Irakkam from 12.00 am to 6.00 am by considering the representation of the petitioner dated 01.03.2025. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr. M.Senthil Ayyanar No.1 and 2 Government Advocate No.3 : Mr.M.Vaikkam Karunanithi Government Advocate ORDER This Writ Petition has been filed by the petitioner to quash the impugned proceedings in Na.Ka. No.32/C7PS/2025 dated 17.03.2025 on the file of the third respondent and quash the same as illegal and further direct the respondents to grant permission for traditional public display of fireworks in the 10th day of Chithirai Festival at Koottalamoodu Arulmigu Bathreshwari Amman Temple situated at Painkulam, Kanyakumari District on 13.05.2025 after Thirukodi Irakkam from 12.00 am to 6.00 am by considering the representation of the petitioner dated 01.03.2025. 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 2. The learned counsel appearing for the petitioner would submit that the villagers decided to conduct festival of Koottalamoodu Arulmigu Bathreshwari Amman Temple situated at Painkulam, Kanyakumari District. It is a usual practice during Chithirai Festival traditional display of fireworks. While so, this year the petitioner approached the respondents for grant of permission for displaying fire works but the same was rejected by the third respondent citing reasons that in the year 2016 an accident occurred for which a case has been registered in Crime No.204 of 2016, therefore they rejected. Infact thereafter during the years 2017 to 2024 the petitioner has been conducting display of fireworks and the third respondent has also granted permission. This year due to political vengeance the respondent police declined to grant permission. 3. The learned Government Advocate appearing for the respondents would submit that the petitioner has sent a representation for conduct of fireworks display on 13.05.2025 after Thirukodi Irakkam from 12.00 am to 6.00 am but the same was rejected on the ground of safety measures and the third respondent has passed elaborate orders, therefore the petition is liable to be dismissed. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 4. After elaborate arguments, the learned counsel appearing for the petitioner produced judgments of this Court in W.A(MD) No.681 of 2023, wherein the Hon'ble Division Bench of this Court has passed order by directing the petitioner to conduct the function of display of fireworks after Thirukodi Irakkam, wherein the relevant portion of the order reads as follows: “ 7. However, the safety aspects cannot be lost sight of. A few days ago, in Kerala, there was a boat tragedy leading to loss of a number of lives. That was because of over crowding. When we indicated our concerns to the learned counsel for the appellant, it was undertaken by the appellant that Shri.T.Thulasidhas, Secretary in-charge of the appellant Devasthanam shall act as the nodal person to ensure scrupulous adherence to the safety protocol to be stipulated by the authorities. It is further undertaken that the fire works will be displayed only at the notified site which will be fenced and barricaded. Members of the general public will not be allowed to come within 100 metres of the spot. The Devasthanam will form a volunteer corps who will ensure that the safety distance is maintained. The entire burden shall not be placed on the police force. It is admitted that the temple flag is customarily lowered at 12:00 a.m. (Midnight) and the display of fire works follows. The organizers undertake to conclude the event by 02:30 a.m. In other words, the display of fire works can commence immediately after the flag is lowered and it shall be concluded by 02:30 a.m. The condition as to the timings imposed in the impugned order dated 27.04.2023 is set aside. The writ appeal is allowed. No costs. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 Consequently, connected miscellaneous petitions are closed. 5. This Court considering the above said judgments direct the respondents to give permission for displaying of fire works . 6. In view of the same, the Writ Petition stands allowed and the impugned order passed by the second respondent in Na.Ka. No.32/ C7PS/ 2025 dated 17.03.2025 on the file of the third respondent is hereby quashed and the respondents are directed to grant permission for traditional public display of fireworks in the 10th day of Chithirai Festival at Koottalamoodu Arulmigu Bathreshwari Amman Temple situated at Painkulam, Kanyakumari District on 13.05.2025 after Thirukodi Irakkam in terms of the above order of this Court. No costs. Consequently connected miscellaneous petition stands closed. 21.04.2025 NCC : Yes / No Index : Yes / No aav Note :Issue order copy on 23.04.2025 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 To 1. The District Collector Kanyakumari District Kanyakumari. 2. The District Revenue Officer Nagercoil Kanyakumari District 3. The Inspector of Police Pudhukadai Police Station Kanyakumari District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10166 of 2025 P.DHANABAL, J. aav W.P.(MD)No.10166 of 2025 21.04.2025 7/7 https://www.mhc.tn.gov.in/judis