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2026 DAILYLAW 48035 (MAD)

P.Karunthamizh Suriyan v. The District Collector.

WP Crl./1659/2026 · 2026-07-13

G K Ilanthiraiyan

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 1659 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1659 of 2026 P.Karunthamizh Suriyan S/o. Parameshwaran, Village President No.138, Kamarajar Colony, Pappakkudi, Udayarpalayam Taluk, Ariyalur District-612 903. ..Petitioner Vs 1. The District Collector. Ariyalur District. Airyalur. 2. The Superintendent of Police Ariyalur District, Ariyalur. 3. The Inspector of Police Meensuriti Police Station, Meensuriti, Ariyalur District. ..Respondents Prayer : Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Na.Ka.No 06/R1PS/2025, dated 26.06.2026 passed by the 3rd respondent and quash the same as illegal and arbitrary and consequently, direct the respondents to grant permission and police protection of conducting the temple festival programme scheduled to be https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page2 of 8 held on 17.07.2026, 18.07.2026 and 19.07.2026 at Sree Maha Mariamman Thirukovil at Peria Theru, Pappakudi, Udayarpalayam Taluk, Ariyalur District. For Petitioner: Mr.M.Kalaiyarasan For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) ORDER This Writ Petition (Criminal) has been filed by the petitioner, to set aside the impugned order passed by the third respondent dated 26.06.2026 made in Na.Ka.No.06/R1PS/2025, thereby rejecting permission to conduct the temple festival programme scheduled to be held on 17.07.2026, 18.07.2026 and 19.07.2026 on the eve of “Sree Maha Mariamman Thirukovil at Peria Theru, Pappakudi, Udayarpalayam Taluk, Ariyalur District, and quash the impugned order along with the consequential prayer for granting permission and an adequate police protection to conduct the temple festival on 17.07.2026, 18.07.2026 and 19.07.2026. 2. According to the petitioner, he is the Village President of Pappakudi, Udayarpalayam Taluk, Ariyalur District. The request to grant permission and police protection for conducting the temple festival scheduled to be held on 17.07.2026, 18.07.2026 and 19.07.2026 in connection with “ Kavadi, Karakattam, Orchestra, Aadal & Padal Programme and Manjal Vilayattu” of the Sree Maha Mariamman Thirukovil at Peria Theru, Pappakudi, Udayarpalayam https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page3 of 8 Taluk, Ariyalur District had been declined by the third respondent for untenable reasons. Hence, the present Writ Petition (Criminal) has been filed. 3. The impugned proceedings on face of it is liable to be quashed, since all the nine reasons stated by the Inspector of Police based on presumption and assumption, but not supported by facts. 4. The learned counsel for the petitioner submits that the festival and cultural programme been conducted for more than 17 years and there was never been any disturbance for conducting festival from any quarters. He further submits that the organizers are ready to give undertaking that no untoward incident will happen. 5. Heard the learned counsel appearing on either side and perused the materials placed on record. 6. 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:- https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page4 of 8 “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 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page5 of 8 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 learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded.” 7. 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page6 of 8 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 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." 8. This Court is of the view that the impugned order is not based on facts, but on presumption. The Inspector of Police, Meensurity Police Station for sake of rejection has invented reasons which are totally untenable and contrary to the directions of this Court. 9. In view of the above decision rendered by this Court, the impugned order passed by the third respondent cannot be sustained and it is liable to be set https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page7 of 8 aside. Accordingly, the impugned order dated 26.06.2026 passed by the respondent is hereby quashed. The respondent police is directed to give permission and protection for the conduct of the cultural programme, in the temple festival after obtaining undertaking from the petitioner and the organizers that there will not be any political or communal provocative songs. The participants in the cultural programme will not exhibit any obscene sign or conduct or jesture and the organizers will undertake to compensate any damage to the public property, if any during the course of conducting festival. 10. With the above direction, this Writ Petition (Criminal) stands allowed. No costs. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP Note : Issue order copy today To 1.The District Collector. Ariyalur District. Airyalur. 2.The Superintendent of Police Ariyalur District, Ariyalur. 3.The Inspector of Police Meensuriti Police Station, Meensuriti, Ariyalur District. https://www.mhc.tn.gov.in/judis WP Crl. No. 1659 of 2026 __________ Page8 of 8 G.K.ILANTHIRAIYAN J. LPP WP Crl. No. 1659 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis