WP Crl./719/2026 of Arockiadass Vs The Superintendent of Police

W.P .Crl.No.719 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.04.2026 CORAM THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.Crl.No.719 of 2026 Arockiadass ... Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sethiathoppu, Cuddalore District. 3.The State rep. by, The Inspector of Police, Solatharam Police Station, Cuddalore District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3 rd respondent to give permission and police protection for Anthoniyar Church Easter Thear Bavani Vizha to be held on 05.04.2026 from 1.00 am to 5.00 am under the head of Rev. Father Anthoniyar Church situated at Aranthangi Village, 1/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 Kattumannar Koil Taluk, Cuddalore District on the basis of the petitioner’s representation dated 24.03.2026. For Petitioner : Mr.G.D.Sendillveal For Respondents : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor ORDER This Writ Petition has been filed seeking to direct the third respondent to give permission and police protection for Anthoniyar Church Easter Thear Bavani Vizha, to be held on 05.04.2026 from 01.00 AM to 05.00 AM at Aranthangi Village, Kattumannar Koil Taluk, Cuddalore District, on the basis of the petitioner’s representation dated 24.03.2026. 2. The learned counsel for the petitioner submitted that the petitioner, a retired teacher and resident of Aranthangi Village, Kattumannar Koil Taluk, Cuddalore District, belongs to Catholic community. He further submitted that the villagers celebrate E aster at the Anthoniyar Church by conducting a car procession namely Thear Bavani Vizha. The car procession is conducted by the Parish Priest of the churc h. 2/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 Ever since there was a dispute between the two groups of members of the Catholic community, when the petitioner intended to conduct the car procession, it was objected to by another group and hence, the matte r was referred by the Police to the Peace Committee headed by the Tahsi ldar. In the Peace Committee Meeting, the parties reached a settlement , agreeing that the procession would be conducted under the leadership of the Parish Priest and no individual can claim a personal right to lead the fe stival. As the procession was conducted peacefully last year, the petitioner appli ed for permission to conduct the car procession again. However, due to non- grant of permission, the petitioner has been constrained to approach this Court. 3. The learned Additional Public Prosecutor, appearing for the respondents, submitted that there are two different groups in the vi llage, one of which objects to the manner in which the other intends to c onduct the procession. However, he submitted that a similar dispute arose between these groups last year and the matter was referred to the Peace Committee. In the Peace Committee Meeting held on 19.04.2025, the parties agreed to conduct the car procession under the leadership of the 3/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 Parish Priest, affirming that no individual holds a personal right to conduct the festival. 4. Heard the learned counsel for the petitioner as well as the lea rned Additional Public Prosecutor appearing for the respondents. 5. The petitioner has given a representation dated 24.03.2026 seeking permission and police protection to conduct the car procession on 05.04.2026 and since permission has not been granted, he has approached this Court. 6. It was submitted by the learned Additional Public Prosecutor that a Peace Committee Meeting was conducted last year, in which, the parties agreed to conduct the car procession in a particular manner. He ha s also produced a copy of the minutes of the Peace Committee Meeting dated 19.04.2025. The relevant portion is extracted hereunder: 4/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 7. Furthermore, it is noted that the petitioner approached this Court last year in WP.No.14208 of 2025. By an order dated 17.04.2025, this Court permitted the petitioner to conduct the car procession subject t o the following conditions: “i. During the program, nobody shall either sing songs or speak ill on any individuals, any caste, religion, etc., ii. Those who participate in the program shall not for any reason talk or express anything in favour of organizations banned by the 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 5/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 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 equipment 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. 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 6/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 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 third respondent is at liberty to take appropriate action as against the persons, who commit illegality, in the manner known to law. xiv. The third respondent is directed to issue necessary permission, incorporating the above conditions.” 8. In view of the above, permission is granted to the petitioner to conduct Anthoniyar Church Easter Thear Bavani Vizha on 05.04.2026 from 1.00 AM to 5.00 AM under the head of Rev. Father Anthoniyar Church situated at Aranthangi Village, Kattumannar Koil Taluk, Cuddalore District, on the same conditions as were imposed in the order dated 17.04.2025 passed by this Court in W.P.No.14208 of 2025. In addition, it is made clear that the Parish Priest shall use only 1 car as a c ommon car and no one else shall claim any right over the car. The Parish Prie st can install the statue on the car and the car procession should be taken in the 7/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 usual route. The Tahsildar and the Deputy Superintendent of Police shall oversee the procession either in person or through their subordinates. 9. This Writ Petition stands disposed of on the above lines. There shall be no order as to costs. 02.04.2026 Index:Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Sni Note to office: Issue Today. 8/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 To 1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sethiathoppu, Cuddalore District. 3.The Inspector of Police, Solatharam Police Station, Cuddalore District. 9/10 https://www.mhc.tn.gov.in/judis W.P .Crl.No.719 of 2026 A.D.JAGADISH CHANDIRA , J. Sni W.P.Crl.No.719 of 2026 02.04.2026 10/10 https://www.mhc.tn.gov.in/judis