W.P.Crl.(MD)No.531 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.531 of 2025 S.Ponraj ... Petitioner Vs. 1.The Superintendent of Police, Tirunelveli, Tirunelveli District. 2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District. 3.The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the impugned order of the third respondent in pursuance to the temple festival namely “Arulmigu Sri Perumalswamy Mutharamman Temple” at Theivanayagaperi from 27.07.2025 to 20.07.2025 in which Aadal Padal programe with light and sound service going to held on 29.07.2025 at 08.00 pm to 11.00 pm and quash the same and further direct the 1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 respondents to grant protection and permission to conduct the “Aadal Padal programe” on 29.07.2025 at 08.00 pm to 11.00 pm with light and sound service in pursuance to the temple festival namely “Arulmigu Sri Perumalswamy Mutharamman Temple” at Theivanayagaperi, Tirunelveli District. For Petitioner : Mr.K.Jeyamohan 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 29.07.2025, in connection with the Festival of “Arulmigu Sri Perumalswamy Mutharamman Temple” situated at Theivanayagaperi, Tirunelveli District, but the same has been rejected by the third respondent. 2.The petitioner claims that he is a Member of festival committee 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 of Arulmigu Sri Perumalswamy Mutharamman Temple situated at Theivanayagaperi, Tirunelveli District and according to him, the villagers have decided to conduct a festival in the above temple and Adal Padal on 29.07.2025. Therefore, they have submitted a representation to the respondents, but the same has been rejected by the third respondent. 3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that four criminal cases have been registered in the village and therefore, the respondent Police are apprehending law and order problem. However, he fairly submits that those cases are not related to the temple festival. 4.The learned counsel appearing for the petitioner submits that the cases referred by the learned Additional Public Prosecutor have nothing to do with the temple festival and the same are private disputes and the festival is being conducted by the entire villagers and there is no possibility of any law and order problem. The petitioner also assures 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 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. He also submits that the petitioner also undertakes to deposit a sum of Rs.5,000/- each to the Police personnel for providing protection. 7.This Court considered the rival submissions made by either side. 8.The petitioner's request for conducting the cultural programme in connection with the temple festival has been rejected by the third respondent in view of the registration of criminal cases. However, those cases are not related to the temple festival and the petitioner also undertakes that festival will be conducted without any law and order problem. Moreover, the petitioner is prepared to pay a sum of 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 Rs.25,000/- to the Local Village Pancahayat for the purpose of desilting a water body in the village and a sum of Rs.5,000/- each to the Police personnel for providing protection. 9.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 impugned order of the third respondent is set aside and this writ petition is allowed with 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. 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 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 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 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 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 third respondent Police shall grant permission for conducting the adal padal programe on 29.07.2025 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. 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 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. 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. 15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gns 8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District. 2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District. 3.The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5. The Special Officer, Theivanayagaperi Panchayat, Tirunelveli District. 9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.531 of 2025 B.PUGALENDHI, J. gns W.P.Crl.(MD)No.531 of 2025 15.07.2025 10/10 https://www.mhc.tn.gov.in/judis