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2025 DAILYLAW 49356 (MAD)

REV.ELANGOVAN.M v. INSPECTOR OF POLICE

WP/13694/2025 · 2025-04-16

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.13694 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16.04.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13694 of 2025 and W.M.P.No.15389 of 2025 Rev.Elangovan.M ... Petitioner Vs The Inspector of Police, C1, Uthukottai Police Circle, Thiruvallur District. ... Respondent Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the respondent in Cr.No.11/CO-UKT/2025 dated 08.04.2025 and quash the same and consequently direct the respondent Police to grant permission sought for by the petitioner on behalf of the Christian community people in the Uthukottai Circle to conduct the procession (PadhiYathrai) on th eve of Easter ceremony on 20.04.2025 from 3.00 p.m to 6.00 p.m starting from Pallavakkam to Thandalam comprising 5 kms stretch by considering the petitioner's representation dated 10.04.2025. 1/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 For Petitioner : Dr.R.Gowri for Mr.M.Karthik For Respondent : Mr. A.Gopinath, Govt. Advocate (Crl. Side) O R D E R With consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself. 2. This Writ Petition has been filed challenging the Cr.No.11/CO- UKT/2025 dated 08.04.2025, thereby rejecting the request made by the petitioner seeking permission to conduct procession (PadhaiYathrai) on the eve of Easter ceremony on 20.04.2025 from 3.00 p.m to 6.00 p.m starting from Pallavakkam to Thandalam comprising 5 kms. 3. The petitioner is the Founder and Managing Trustee of Miraculous Love of Jesus Ministries situated at No.53, Latchivakkam, Palavakkam Post, Uthukottai, Thiruvallur District. While that being so, on the eve of Easter celebration, it was organized for the procession to be conducted on behalf their religion people in Uthukottai Circle on 2/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 20.04.2025 from 3.00 p.m. to 6.00 p.m. starting from Pallavakam Village to ACA Thiruchabai near Periyapalayam Check Post in a peaceful manner. Therefore, the petitioner made a request to the second respondent seeking permission. However, it was rejected on the ground that if the procession is permitted, there will be a traffic congestion and there will be a chance for accident. 4. The learned counsel for the petitioner would submit that the procession would be conducted on the eve of Easter Celebration only with limited members not more than 100 members. 5. In view of the above, the impugned order in Cr.No.11/CO- UKT/2025 dated 08.04.2025 is hereby set aside and the petitioner is permitted to conduct their procession in a peaceful manner subject to the following conditions:- i. During the program, nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc., 3/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 ii. Those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by Government of India. They should also not indulge in any act disturbing the sovereignty and integrity of our country. iii. The program should be conducted without causing any hindrance to public or traffic iv. The participants shall not bring any stick, lathi or weapon that may cause injury to any one. v. The organizer(s) of procession shall make adequate arrangements for drinking water and proper First Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire Fighting equipments etc., in consultation with the Police/Civic/Local Bodies as directed by the police. vi. The procession shall proceed in an orderly manner along the sanctioned route keeping to the left and shall not halt on the way or cause impediment to the normal flow of traffic. The procession shall occupy only one-fourth of the road. vii. The organizer(s) of procession shall keep sufficient volunteers to help the police for regulation of traffic and the participants. 4/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 viii. The organizer(s) of procession/rally shall be responsible for ensuring that the route permitted to them by the Police Authorities is strictly followed. ix. Only box type speakers should be used and output of the speakers should not exceed 15 watts and the same should be installed within a radius of 30 meters only. Cone Speakers should not be used at any cost. x. In the procession, the processionists shall not in any manner offend the sentiments of any religious, linguistics, cultural and other groups. xi. The petitioner shall give an undertaking to the respondent to reimburse the cost for any damage to any public/private property that may occur enroute and to bear the compensation/replacement costs as well, if ordered to be awarded to any other institution/person, who may apply for the same. xii. The petitioner must ensure that there will not be any disturbance to traffic, if any of its members indulge in any illegal activities. xiii. The respondent is at liberty to take appropriate action as against the persons, who commit illegality, in the manner known to law. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 6. With the above directions, the Writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 16.04.2025 Index:Yes/No Neutral Citation/Yes/No kv Note: Issue order copy by 16.04.2025. To 1. The Inspector of Police, C1, Uthukottai Police Circle, Thiruvallur District. 2. The Public Prosecutor, High Court of Madras. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.13694 of 2025 G.K.ILANTHIRAIYAN, J. kv W.P.No.13694 of 2025 16.04.2025 7/7 https://www.mhc.tn.gov.in/judis