Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 146582 (MAD)

K.S.Nallu v. The State of Tamil Nadu rep by The Commissioner of Police

WP Crl.(MD)/290/2025 · 2025-06-26

B Pugalendhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.290 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.290 of 2025 K.S.Nallu ... Petitioner Vs. 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai. 2.The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Thiruparankundram, Madurai. 3.The Inspector of Police, Thirunagr (law and order) Police Station, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Certioratified Mandamus, to call for the records relating to the impugned proceedings in Na.Ka.No. 81/W1-L&O-PS/MC/2025 dated 23.06.2025 and quash the same as illegal and consequently direct the third respondent to grant permission and protection to perform the “Aadal-Padal” on 29.06.2025 with lights and sounds in respect of the temple festival in “Arulmigu 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 Vengalamoorthi Ayyanar Thirukovil” situated at Thanakankulam, Madurai District. For Petitioner : Mr.A.Naresh Prabu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor ORDER The petitioner has approached this Court that he sought for permission and police protection for conducting Adal Padal programme on 29.06.2025, in connection with the Festival of“Arulmigu Vengalamoorthi Ayyanar Thirukovil” situated at Thanakankulam, Madurai District and the same has been rejected by the third respondent. 2.The petitioner claims that he is a Member of festival committee of “Arulmigu Vengalamoorthi Ayyanar Thirukovil” situated at Thanakankulam, Madurai District and according to him, the villagers have decided to conduct a festival in the above temple and Adal Padal on 29.06.2025. Therefore, they have submitted a representation to the 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 respondents and the same has been rejected by the respondents. Therefore, the present writ petition has been filed. 3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that since there is a possibility of law and order problem, the third 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 the 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. 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 5.This Court considered the rival submissions made by either side. 6.The petitioner's request for conducting the cultural programme in connection with the temple festival has been rejected by the third 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 smoothly. 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 23.06.2025 is set 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 aside and this writ petition is allowed with a 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. ii.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/ 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 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;/ 6/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;. 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 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 third respondent Police shall grant permission for conducting the adal padal programe on 29.06.2025 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. v.The third 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 personnel that the conditions imposed are followed in its letter and spirit. 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 vi.The third 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 third respondent Police shall file a report before this Court as to the compliance of desilting work in the water body. There shall be no order as to costs. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gns Note: Issue order copy on 27.06.2025. 8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai. 2.The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Thiruparankundram, Madurai. 3.The Inspector of Police, Thirunagr (law and order) Police Station, Madurai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5. The Special Officer, Thanakankulam Panchayat, Thanakankulam, Madurai District. 9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.290 of 2025 B.PUGALENDHI, J. gns W.P.Crl.(MD)No.290 of 2025 26.06.2025 10/10 https://www.mhc.tn.gov.in/judis