APHC010526882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27095/2025 Between: 1. CHEJARLA SUBBARAMI REDDY, S/O. LATE KRISHNA REDDY, AGED ABOUT 56 YEARS, R/O. BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 2. DEVARAPALLI VENKATA RAMI REDDY,, S/O. LATE RAMANA REDDY, AGED ABOUT 46 YEARS, R/O. BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 3. KUNAM DHARMA REDDY,, S/O. LATE RAMANA REDDY, AGED ABOUT 65 YEARS, R/O. BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 4. CHEJARLA VENKATA RAMI REDDY,, S/O. LATE VENKA REDDY AGED ABOUT 65 YEARS, R/O. BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 5. CHEJARLA SUBBA REDDY,, S/O. LATE VEERA REDDY AGED ABOUT 63 YEARS, R/O. BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 3. THE STATION HOUSE OFFICER, ULAVAPADU POLICE STATION, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 4. SRI GANAGAMMA TALLI TEMPLE, REP. BY ITS EXECUTIVE OFFICER, BADDIPUDI VILLAGE, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. 5. BADDIPUDI GRAM PANCHAYAT, REP., BY ITS SECRETARY, ULAVAPADU MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. N.RUPESWAR REDDY 2 Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in demanding the prior Police permission for conducting the Village deity rituals called Gangamma Paala Pongallu from 27.09.2025 to 01.10.2025 at the respondent No.4 Temple in Baddipudi Village, Ulavapadu Mandal, SPSR Nellore District and interfering with Temple rituals as arbitrary, illegal, colorable exercise of power and contrary to well established legal principles apart being violative of the fundamental rights guaranteed to us under Articles 14, 19, 25 and 26 of Indian Constitution of India and consequently direct the respondents not to obstruct or interfere with the peaceful conduct of Gangamma Paala Pongallu rituals in Baddipudi Village, Ulavapadu Mandal, SPSR Nellore District, except to the extent of ensuring law and order.” 2. Heard Sri N.Rupeswar Reddy, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that respondent No.3-police are insisting the petitioners to obtain prior permission for conducting the village ritual ‘Gangamma Paala Pongallu’, scheduled to be held from 27.09.2025 to 01.10.2025 at the temple of respondent No.4 in Baddipudi Village, Ulavapadu Mandal, SPSR Nellore District. Learned counsel would further submit that a direction may be issued to the police not to obstruct the petitioners from conducting the said ritual, except to the extent necessary for maintaining law and order. 4. In support of his case, learned counsel for the petitioners placed reliance on the decision of the High Court of Madras between 3 P.seeni Vs. District Collector and Others1, wherein paragraph No.4 reads as follows: 4.The Constitution of India confers certain fundamental rights. Article 19(1)(b) states that all citizens shall have the right to assemble peaceably and without arms. Article 25(1) states that subject to public order, morality and health and to the other provisions of Part III, are persons are equally entitled to freely practice religion. The Hon'ble Supreme Court of India in Gulam Abbas v. State of U.P. ((1982) 1 SCC 71: AIR 1981 SC 2198) held that religious faith and the performance of the rites, customary practices and observances constitute one's fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India. This judgment was followed by the Division Bench of the Madras High Court (2021 SCC OnLine Mad 1779/WA No.743 of 2019). A learned Judge of this Court in WP No. 6986 of 2018 dated 23.03.2018 held that centuries old custom and religious practices cannot be ignored or found as insignificant, since such customs privileges and practices go with the sentiment of the people of the locality and the Government machinery cannot interfere in a casual manner under mere apprehension. If some untoward incidents had taken place in the past, interference can only be by way of regulatory cannot be banned or prohibited. Administrative inconvenience or anticipated incidents may not be cited as the reason to stop established customs and practices. 5. Learned Assistant Government Pleader for Home, on written instructions, would submit that the police have neither demanded prior permission nor interfered in the religious rituals of ‘Gangamma Paala Pongallu’ held in Baddipudi Village, Ulavapadu Mandal, SPSR Nellore District. Learned Assistant Government Pleader would further submit that, as per a news article published in the Andhra Jyothi District Edition dated 25.09.2025, it was reported that, under the guise of conducting the ‘Gangamma Paala Pongallu’ festival, 10–15 individuals have been forcibly collecting money while excluding members of other communities. It is also submitted that the villagers 1 2022 SCC OnLine Mad 4066 4 of Baddipudi have submitted a written representation to the police, expressing that they do not wish for the festival to be conducted under coercion, and have requested police intervention to prevent any unlawful activities and to maintain law and order. Learned Assistant Government Pleader would further submit that there is an imminent likelihood of breach of peace if the event is permitted to proceed without regulation, and therefore, police intervention is both necessary and justified. 6. Considering the submissions made, the writ petition is disposed of. However, the police are directed to take all necessary steps to prevent the untoward incidents in the event. The petitioners shall not collect any amount from the villagers by force or coercion. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 Note: Issue CC by today. B/o ASR 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27095 of 2025 Dt.26.09.2025 Asr