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2025 DAILYLAW 157091 (MAD)

Subramanian v. The Superintendent of Police

WP Crl.(MD)/956/2025 · 2025-08-14

B Pugalendhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P. Crl(MD)No.956 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.956 of 2025 and WMP Crl.(MD) No.248 of 2025 Subramanian ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No. 09/Kaa.Aaa/Ilai/Siva.Vu.Koo/Siva/2025 dated 11.08.2025 and quash the same as illegal and consequently direct the third respondent to grant necessary permission and provide adequate police protection for conducting the Adal Padal Program on 17.08.2025 at about 6.00 pm to 10.00 pm, as part of Krishna Jeyanthi at Perumacheri, Ilayankudi Taluk, Sivagangai District. 1/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 For Petitioner : Mr.Vinoth. R For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R The petitioner has approached this Court that he sought for permission and police protection for conducting Adal Padal programme as part of Krishna Jeyanthi at Perumacheri, Ilayankudi Taluk, Sivagangai District, on 17.08.2025 from 6.00 p.m to 10.00 pm, however, it was rejected by the second respondent. 2.The petitioner claims that he is one of the Committee member of the celebration of ''Krishna Jayanthi'' in their village. As a part of the celebration, the villagers proposed to conduct Adal Padal cultural programme on 17.08.2025 at 6.00 pm. Therefore, on behalf of the villagers, the petitioner has sent a representation to the respondent police on 11.08.2025, sought for permission and police protection, however, it was rejected on the ground of law and problem. Hence, the petitioner is before this Court. 2/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 3.The learned counsel appearing for the petitioner submits that for the past few years, the villagers are jointly conducting the cultural programme in a peaceful manner and therefore, there will not be any possibility for law and order problem as predicted by the respondent police. 4.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents and submits that there are different community people in the village and therefore, there is a possibility of law and order problem. Hence, the second respondent police has rejected the petitioner's representation. 5. In reply, 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 3/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 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. 6.This Court considered the rival submissions made by either side. 7.The petitioner's request for conducting the cultural programme in connection with ''Krishna Jayanthi'' has been rejected by the second respondent in view of the 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 and a sum of Rs.5,000/- each to the Police personnel for providing protection. 4/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 8.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 second 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. iii. The petitioner shall also file an affidavit before the second respondent Police with the following undertaking: 5/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 "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 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;/ 6/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 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 second respondent Police shall grant permission for conducting the Adal Padal programe on 17.08.2025 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 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.956 of 2025 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 of desilting work in the water body. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.08.2025 Index:Yes Internet:Yes vrn Note: Issue order copy today (14.08.2025) 8/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 To 1.The Superintendent of Police, Sivagangai Distritct, Sivagangai. 2.The Inspector of Police, Palayanur Police Station, Sivagangai District. 9/10 https://www.mhc.tn.gov.in/judis W.P. Crl(MD)No.956 of 2025 B.PUGALENDHI, J. vrn Order made in W.P.Crl.(MD)No.956 of 2025 and WMP Crl.(MD) No.248 of 2025 14.08.2025 10/10 https://www.mhc.tn.gov.in/judis