W.P.Crl.(MD)No.862 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.862 of 2025 Malaisamy ... Petitioner Vs. 1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Ilayangudi Police Station, Sivagangai 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 pertaining to the impugned rejection order in Na.Ka.No. 06/Ka.Aa/ilia/Siva.U.Ko/Siva/2025 dated 30.07.2025 passed by the respondent and quash the same, consequently direct the respondent to grant permission for the temple festival and aadal paadal of Mariyamman Temple situated at Perumachery Village, Sivagangai District from 05.08.2025 to 06.08.2025 as planned by the temple committee. For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side). 1/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 ORDER The petitioner has approached this Court that his representation, seeking permission and Police protection for conducting Adal Padal programme on 05.08.2025 and 06.08.2025, in connection with the temple festival of Mariyamman Temple situated at Perumachery Village, Sivagangai District has been rejected by the second respondent. 2.The petitioner is one of the Members of festival committee of Mariyamman Temple situated at Perumachery Village, Sivagangai District and the villagers have decided to conduct a festival in the above temple on 05.08.2025 and 06.08.2025. Therefore, they have submitted a representation to the respondents on 30.07.2025. But, the same has been rejected by the second respondent. Therefore, the present Writ Petition has been filed. 3.Mr.B.Thanga Aravind, learned Government Advocate (Crl.Side) takes notice for the respondents and submits that since there is a possibility of law and order problem, the second respondent Police has rejected the petitioner's representation. 2/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 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 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. 6.The petitioner's request for conducting the Aadal Paadal program in connection with the temple festival has been rejected by the second 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 without any law and order problem. 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. 3/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 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 31.07.2025 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. 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;/ 4/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 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 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;/ 5/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 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 second respondent Police shall grant permission for conducting the aadal paadal programe on 06.08.2025 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 second 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 personnels that the conditions imposed are followed in its letter and spirit. vi.The second 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 second respondent Police shall file a report before this Court as to the compliance 6/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 of desilting work in the water body. Viii.In the event of any violation of the aforesaid conditions, the respondents are at liberty to register a criminal case against the committee members, including the petitioner. 8. There shall be no order as to costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.862 of 2025 B.PUGALENDHI, J. Indu W.P.Crl.(MD)No.862 of 2025 06.08.2025 8/8 https://www.mhc.tn.gov.in/judis