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2025 DAILYLAW 148955 (MAD)

A.Selvaraj v. The State of Tamilnadu

WP Crl.(MD)/481/2025 · 2025-07-10

B Pugalendhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WPCrl(MD)No.481 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI WPCrl(MD)No.481 of 2025 A.Selvaraj ... Petitioner Vs. 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai District. 2.The Inspector of Police, C3 SS Colony 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, calling for the records relating to the impugned order passed by the 2nd respondent dated 06.07.2025 and quash the same and consequently directing the respondents herein to grant permission and adequate police protection on 12.07.2025 and on 13.07.2025 and for conducting Adal Padal in the Sri Aadhi Amman Temple festival on 13.07.2025 ponmeni main road, Madakulam post, Thaanathavam, Madurai District. 1/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 For Petitioner : Ms.Jothimani K.S. For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor ORDER The petitioner has approached this Court that he sought for permission and adequate police protection on 12.07.2025 and on 13.07.2025 for conducting Adal Padal in the Sri Aadhi Amman Temple festival at ponmeni main road, Madakulam post, Thaanathavam, Madurai District and the same has been rejected by the respondent police. 2.The petitioner claims that he is a member of festival committee of Sri Aadhi Amman Temple 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 13.07.2025. Therefore, they have submitted a representation to the respondents and the same has been rejected by the respondents. Therefore, the present writ petition has been filed. 2/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 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 respondent police have 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. 5.This Court considered the rival submissions made by either side. 3/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 6.The petitioner's request for conducting the cultural programme in connection with the temple festival has been rejected by the respondent police 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 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 4/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 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/ 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 5/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 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;. 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 respondent Police shall grant permission for conducting the adal padal programe on 13.07.2025 6/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 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 respondent Police shall depute a minimum of two Police personnel (preferably one male and one female) for protection. It is the duty and responsibility of the deputed Police personnel to ensure the conditions imposed are followed in its letter and spirit. vi.The 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 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. 10.07.2025 7/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 Internet : Yes / No DSK Note: Issue order copy on 11.07.2025. To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai District. 2.The Inspector of Police, C3 SS Colony Police Station, Madurai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4. The Special Officer, Thanathavam Panchayat, Madurai District. 8/9 https://www.mhc.tn.gov.in/judis WPCrl(MD)No.481 of 2025 B.PUGALENDHI, J. DSK WPCrl(MD)No.481 of 2025 10.07.2025 9/9 https://www.mhc.tn.gov.in/judis