AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition is filed in the nature of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent, wherein the petitioner had submitted a representation dated 17.08.2026, requesting permission to conduct the Krishna Jayanthi (Gokulashtami) celebration on 04.09.2026 and 05.09.2026, in Gudalur District, along with special pooja, cultural programmes, Annadhanam, and the use of loudspeakers, and has sought such further or other orders.
The third respondent considered the representation of the petitioner and ultimately rejected the same by the impugned order on the ground that in the previous years, no such Gokulashtami festival conducted by the petitioner; the full details of the programme has not been furnished; on the same date as the petitioner's request, members of Yadhava Community had sought permission to conduct their customary festival, which is being conducted every year; and the place chosen by the petitioner at Devar Statue is situated on a main road where a large number of members of the public and vehicles are likely to pass, and therefore, the traffic movement may be affected, causing law and order problems. Considering all these aspects, the petitioner's request was rejected. Aggrieved by the same, the petitioner has filed the present writ petition seeking appropriate relief.
During the course of the submissions, the learned Government Advocate (Criminal Side) submitted that the petitioner has 12 previous cases and he is a history sheeter and that he was originally associated with the organization Hindu Munnani, and he was expelled for certain acts of misconduct, including allegedly collecting money from the public under various pretexts. It was further submitted that, under the banner of Vishva Hindu Parishad, the petitioner had allegedly collected substantial amounts from the public and shopholders in connection with the forthcoming Krishna Jayanthi festival. Therefore, according to the learned Government Advocate, the petitioner was not a fit person to conduct the Krishna Jayanthi festival. Further, as stated in the rejection order, the place chosen by the petitioner at Devar Statue is a congested area situated on a main road. This Court therefore suggested that the petitioner may come forward with an alternative place and an alternative date.
In this regard, the petitioner filed an affidavit before this Court on 28.08.2026, seeking permission for one day to conduct the festival. However, on the same date, the members of the Yadhava community in the area were also likely to conduct the Krishna Jayanthi festival. The place suggested by the petitioner was Sri Parthasarathy Temple, which is situated far away from the Devar Statue and is situated at a distance of about half a kilometre from the said place.
Even after filing the affidavit suggesting an alternative place and seeking permission for one day, the learned Government Advocate submitted that, yesterday, i.e., on 02.09.2026, the petitioner had given yet another representation stating that he may be granted permission to conduct the Krishna Jayanthi celebration on 05.09.2026 and to provide Annadhanam from 6.00 p.m. to 7.00 p.m. It was also stated that the Krishna Jayanthi procession may be conducted through the important streets of Gudalur. The said representation was given at 07.00 p.m. yesterday, knowing fully well that the case was listed today.
The learned Government Advocate (Criminal Side) further submitted that, since the petitioner is a history-sheeter and has several criminal cases against him, he may not be a fit person to conduct the festival. It was also submitted that the Krishna Jayanthi festival is conducted every year by the Yadhava community and that the petitioner does not belong to the Yadhava community. Therefore, the learned Government Advocate (Criminal Side) requested that the petition be dismissed.
On the other hand, the learned counsel for the petitioner submitted that, if any other person from the same organisation, namely, Vishva Hindu Parishad, submits an application on a subsequent date for conducting the Gokulashtami festival, the same may be considered by the police.
The learned Government Advocate (Criminal Side), on instructions from the police officer, who is present before this Court, submitted that if any other person submits an application before the police today or tomorrow morning seeking permission to conduct the function on 05.09.2026, the same would be considered positively.
Recording the above submission, the learned counsel for the petitioner submitted that the petitioner would conduct the Krishna Jayanthi celebration either at the temple or at a place nearby the temple, with a stage and distribution of prizes to the children, who participate in the games and other activities, without conducting any procession in any other place in Gudalur.
The submission of the learned counsel for the petitioner is accepted. It is made clear that the petitioner, or any other person who obtains permission, shall not take out any procession in any other place in Gudalur.
With the above directions, this Writ Petition is dismissed. The police are directed to consider the application to be submitted by the other person immediately and permit the person, who submits the application to conduct the festival on 05.09.2026 from 04.00 p.m. to 07.00 p.m. alone.