WP Crl. No. 1478 of 2026 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1478 of 2026 & WPMP Crl.Nos.513 and 514 of 2026 K.Samsudeen Hussain S/o. Mr. Syed Kamaludeen, Door No.305/1, Salem - Arur Main Road, Kombur Post, Pappireddipatti Taluk, Dharmapuri District-636 905. ..Petitioner(s) Vs 1. The Forest Range Officer Namakkal Forest Range, Mohanur Road, Kollimalai Taluk, Namakkal District. 2. The Inspector of Police Law and Order, Vazhvandhinaadu Police Station, Namakkal District. 3. Hazrath Syed Basha Kathiri Kalandar Waliyullah Baba Dargah Represented by the Secretary, Syed Babu, S/o. Thasthakir, Karavali, Kollimalai Taluk, Sendhamangalam Taluk, Namakkal District. ..Respondent(s) Prayer: Writ Petition Criminal has been filed under Article 226 Constitution of India for issuance of a Writ of Certioraified Mandamus to call for the records in pertaining to the 1st Respondent’s impugned order in Na.Ka.No.156 of 2026, dated 18-6-2026 and quash the same and consequently to direct the 1st https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page2 of 10 Respondent herein to provide the necessary permission to conduct the Sandal Urus, Kandhuri festival on 29-6-2026 and 30-6-2026 in the Dargah namely Syed Basha Kathiri Kalandar Walliyullah Baba Dargah, situated at Puliankadu Foothills, Vazhavandhi Kombai, Kollimalai Taluk, Namakkal District and 2nd Respondent to provide the Police Protection for the same. For Petitioner(s): Mr.L.Gavaskar For Respondent(s): Mr.R.Ganesh Kumar for R1 and R2 Counsel for Government of Tamilnadu (Crl.Side) Mr.R.Raja Mohamed for R3 ORDER This Petition has been filed by the petitioner to call for the records pertaining to the impugned order in Na.Ka.No.156 of 2026, dated 18-06-2026 passed by the 1st respondent and quash the same and consequently to direct the 1st Respondent herein to provide the necessary permission to conduct the Sandal Urus, Kandhuri festival on 29-6-2026 and 30-6-2026 in the Dargah namely Syed Basha Kathiri Kalandar Walliyullah Baba Dargah, situated at Puliankadu Foothills, Vazhavandhi Kombai, Kollimalai Taluk, Namakkal District and further, to direct the 2nd Respondent to provide the Police Protection for the same. 2. The petitioner averred that his forefathers were in practice to visit the Dargah and to do Fathia, Zikir and discharge other religious rituals , ceremonies and to conduct sandal urs and Kanduri festivals in the Dargah. https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page3 of 10 The petitioner made arrangement to conduct sandal urs (sandanakoodu) and Kandhuri festival on 29.06.2026 and 30.06.2026 in the Dargah. In the meantime, there was interim compromise entered into between the petitioner and 3rd respondent on 29.05.2026 and the same was recorded in W.P.(Crl.) No.1224 of 2026 and this Court issued direction to the respondents 1 and 2 to grant necessary permission and police protection to the 3rd respondent for the same. Thereafter, the petitioner had sent a representation dated 02.06.2026 to the respondents 1 and 2 herein to grant necessary permission and protection to conduct sandal urus and Kandhuri festival on 29.06.2026 and 30.06.2026 in the Dargah. On receipt of the said representation, without issuing notice to the petitioner and without conducting enquiry, the 1st respondent passed the impugned order dated 18.06.2026 wherein the permission sought for was rejected. Hence the petitioner has come up with the present petition. 3. The learned counsel appearing for the petitioner would submit that this Court has repeatedly been directing the police officials to grant permission to conduct Sandal Urs and Kanduri Festivals in the Dargah with certain conditions. Therefore, he prayed to quash the impugned order and prayed to grant permission to conduct Sandal Urs and Kanduri Festivals in the Dargah on 29.06.2026 and 30.06.2026. https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page4 of 10 4. The learned Government Advocate (Crl.Side appearing for the respondents 1 and 2 submitted that if the petitioner is allowed to conduct Sandal Urs and Kanduri Festivals in the Dargah, there will be a law and order problem. Therefore, this petition is liable to be dismissed. 5. The learned counsel appearing for the 3rd respondent submitted that the 3rd respondent has no objection to conduct Sandal Urs and Kanduri Festivals in the Dargah since the dispute between the petitioner and the 3rd respondent has been ended compromise. 6. Heard the learned counsel appearing on either side and perused the materials placed on record. 7. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows: “3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:- “3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page5 of 10 in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for” It is also relevant to note the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows: “3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:- (3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.” Considering the above, this Court passed the following order in W.P.(MD) No.14491 of 2018, which reads as follows: “7.This Court, taking into consideration the earlier order of this Court and that on earlier occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the “Light Music” and “Patti Mandram” upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page6 of 10 learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded.” 8. In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order: “2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions. 3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled. 4. It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page7 of 10 Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days. 5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations. Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned." 9. In view of the above decision rendered by this Court and considering the fact that the 3rd respondent also has no objection to conduct Sandal Urs [Santhanakoodu] and Kanduri Festivals in the Dargah, since the dispute between the petitioner and the 3rd respondent ended in compromise, the impugned order passed by the 1st respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order dated 18.06.2026 passed by the 1st respondent is quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to the respondents:- The respondents 1 and 2 are directed to grant permission and to provide adequate police protection for the Sandal Urs [santhanakoodu] and Kanduri Festivals in the Dargah, to be conducted on 29.06.2026 at 3.00 P.M. https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page8 of 10 to 6.00 P.M. and on 30.06.2026 at 10.00 a.m. to 6.00 P.M in the Syed Basha Kathiri Kalandar Waliyullah Baba Dargah, Puliankadu foothills, Vazhavandhi Kombai, Kollimalai Taluk, Namakkal District, subject to the following conditions: a) the Sandal Urs [santhanakoodu] and Kanduri Festivals in the Dargah, in Kathiri Kalandar Waliyullah Baba Dargah, Puliankadu foothills, Vazhavandhi Kombai, Kollimalai Taluk, Namakkal District, scheduled to be held on 29.06.2026 and 30.06.2026 should be completed before 11.00 midnight or within the time permitted by the respondents 1 and 2. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the second respondent police towards police protection. (c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths. (e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (i) Similarly, the police is directed to stop the Sandal Urs [santhanakoodu] and Kanduri Festivals , if it is played beyond the permitted time limit. https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page9 of 10 (j) The respondent is directed to issue necessary permission, incorporating the above conditions. 10. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Boards representing any community. The uploaded copy can be utilised for the purpose of execution of the Order. This Petition is allowed with the above observations and directions. Consequently, connected miscellaneous petitions are closed. No costs. 25-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd Note: Registry is directed to issue order copy on 25.06.2026 To 1. The Forest Range Officer Namakkal Forest Range, Mohanur Road,Kollimalai Taluk, Namakkal District. 2. The Inspector of Police Law and Order, Vazhvandhinaadu Police Station, Namakkal District. 3. The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis WP Crl. No. 1478 of 2026 __________ Page10 of 10 G.K.ILANTHIRAIYAN, J. ssd WP Crl. No. 1478 of 2026 25-06-2026 https://www.mhc.tn.gov.in/judis