Samayakumar vs The Superintendent Of Police & Anr.

The petitioner has come up with this writ petition for certiorarified mandamus to quash the impunged order of the second respondent in Na.Ka.No.21/Sa.Aa/Si.Ka.Ni/2026 dated 27.08.2026 and consequently direct the respondent to grant permission to procession of Children, Costume of Lord Krishnan in the Streets from Sri Lakshmi Naraya Perumal Temple to Kannaadi Kadai Thidal and prize distribution at a stage fabricated in East Car Street at Chinnamannur to be held on 04.09.2026.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side), who took notice for the respondents and perused the materials available on record.

The learned counsel for the petitioner submitted that Krishnar Jeyanthi festival was conducted in the previous years with the oral permission of the police. In this year, the petitioner made a representation dated 26.08.2026 to the second respondent, the Inspector of Police, Chinnammanur Police Station seeking permission to procession of Children, Costume of Lord Krishnan in the Streets from Sri Lakshmi Naraya Perumal Temple to Kannaadi Kadai Thidal and prize distribution at a stage fabricated in East Car Street at Chinnamannur. Though it was given to the Inspector Police, who is Station House Officer of the Chinnammanur Police Station, the rejection order was passed by the Sub-Inspector of Police, namely, Mr.S.Arul Kumar.

In the impugned order, it is stated that the forthcoming date of 04.09.2026 falls on Saturday. Though it is a Government holiday, to celebrate Krishnar Jeyanthi, the reason stated for rejection by the so called the Sub Inspector of Police, even at the worst in the impugned order, that the forthcoming date of 04.09.2026 falls on Saturday, which is not right. The other reason assigned in the impugned order is that Chinnammanur Car Street is a crowded area in which, a lot of people would usually assemble. Therefore, if stage is fabricated to celebrate the function, it will cause disturbance to general public and would cause heavy traffic and therefore, the assembling of children cannot be permitted.

The Government Advocate(Crl.side) in his fairness submitted that the regular Inspector of Police of the Chinnammanur police station is on medical level and thereby the Sub Inspector of Police exercised the powers of the Inspector Police.

The reason assigned by the Government Advocate cannot be acceptable. If a police station is given under the control of Station House Officer in the cadre of the Inspector of Police, whenever the said Inspector of Police on leave, the nearest Station House Officer in the same cadre of Inspector of Police should hold the in-charge arrangement as ordered by the higher authorities. If at all any complaint or representation comes to the police station to grant permission or police protection etc, the Station House Officer in the cadre of Inspector of Police has to decide. The impugned order passed by the second respondent police is non-est in the eye of law. Further, the reasons assigned in the impugned order are also non-est. Therefore, considering all these aspects the impugned order is set aside.

Now, the request of the petitioner to obtain permission to conduct Gokulashtami festival, the procession of Children, Costume of Lord Krishnan in the Streets from Sri Lakshmi Naraya Perumal Temple to Kannaadi Kadai Thidal and prize distribution at a stage fabricated in East Car Street at Chinnamannur is to be acceptable. In the past years, although the same was conducted in Kannaadi Kadai Thidal, there was an oral permission from the police. The Government Advocate(Crl.side) on instructions stated that no such permission was given. But the police did not say that they have not conducted the same festival in the previous years.

Considering all these aspects, permission is granted to conduct Gokulashtami festival on 04.09.2026 between 4.00 p.m and 7.00 p.m and the Superintendent of Police, Theni District is directed to provide adequate police protection at free of costs.

In fine, this petition is allowed.