Rajesh Kannan vs The Superintendent of Police

Court
Madras High Court

WP Crl.(MD) No. 5704 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5704 of 2026
CNR:{HCMD011501382026}
AND
WMP CRL.(MD) No. 1279 of 2026
Rajesh Kannan ..Petitioner
Vs
1. The Superintendent of Police,
Madurai,
Madurai District.
2. The Deputy Superintendent of Police,
Samayanallur Sub-Division,
Madurai District.
3. The State of Tamil Nadu represented by,
The Inspector of Police,
Alanganallur Police Station,
Madurai District. ..Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India for issuance of Writ of Certiorarified Mandamus or any other
appropriate Writ or Order or Direction particularly in the nature of Writ,
calling for the records relating to the impugned order in Na.Ka.No.
rd
11/ALANGANALLUR P.S/2026 dated 11.10.2026 issued by the 3
respondent with regard to refusal of procession along and consequently
direct the respondent herein to grant permission for procession from
Arumigu Srivaram Dharum Jothi Murugan Temple, Achchampatti,
Madurai District to Sri Ayyappan kovil, Alanganallur, Madurai District
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WP Crl.(MD) No. 5704 of 2026
on 18.10.2026 and pass such further or other orders as this Court may
deem fit.
For Petitioner: M/s.R.J.Karthick
For Respondents: M/s.K.Suyambulinga Bharathi
Additional Public Prosecutor
for R1 to R3
ORDER
The present writ petition has been filed challenging the order dated
rd
11.10.2026 passed by the 3 respondent in Na.Ka.No.
11/ALANGANALLUR P.S/2026, rejecting the petitioner's request to
conduct a Vel Yatra on 18.10.2026, on the auspicious occasion of the first
day of the Tamil month of Aippasi.
2. The petitioner claims to be serving as a Poojari at Arulmigu
Subramaniyaswamy Temple Murugan temple, Alanganallur. According
to him, it was proposed to organize a Vel Yatra on 18.10.2026, and
representations dated 29.09.2026 and 30.09.2026 were submitted to the
Deputy Inspector General of Police, Madurai, the Commissioner of
Police, Madurai and the Deputy Commissioner of Arulmigu
Subramaniyaswamy Temple, Thiruparankundram, Madurai, seeking
permission to conduct the procession.
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WP Crl.(MD) No. 5704 of 2026
rd
3. The petitioner's request was rejected by the 3 respondent by the
Impugned order dated 11.10.2026. Aggrieved by the same, the petitioner
has approached this Court.
4. The learned Additional Public Prosecutor would submit that the
representation made by the writ petitioner was rejected by the official
respondents mainly on the ground of public inconvenience. It is
submitted that, the route, the petitioner inclined to conduct procession is
about five kilometres, which would definitely cause inconvenience to the
public and would also lead to law and order situation. Further, it is
suggested that permission can be granted for the said procession for about
one kilometre starting from the Alanganallur Murugan temple to
Alanganallur 15B Mettupatti village.
5. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
6. The right to practice and profess one's religion is protected under
Article 25 of the Constitution of India, subject to public order, morality,
health and the other provisions of Part III of the Constitution. At the same
time, the conduct of a religious procession on public roads is subject to
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WP Crl.(MD) No. 5704 of 2026
reasonable regulations by the competent authorities in the interests of
public order, traffic management and the safety of the public. The police
authorities are entitled to regulate processions and impose reasonable
conditions wherever necessary. However, such power must be exercised
on the basis of relevant considerations and cannot be invoked arbitrarily
to deny permission to conduct a religious procession merely because of
an apprehension that it would cause inconvenience to the public.
7. In the present case, the proposed Vel Yatra is scheduled to be
conducted on 18.10.2026. In view of the proximity of the proposed date,
this Court is required to consider whether the procession can be permitted
subject to appropriate conditions as suggested by the learned Additional
Public Prosecutor, to maintain public peace. The learned Additional
Public Prosecutor has suggested that permission can be granted to
conduct the procession for about one kilometre alone from the
Alanganallur Murugan temple to Alanganallur 15B Mettupatti village.
The said suggestion was also accepted by the writ petitioner. Accordingly
the impugned order dated 11.10.2026 bearing reference
Na.Ka.No.11/ALANGANALLUR P.S/2026 is set aside.
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WP Crl.(MD) No. 5704 of 2026
8. The writ petition is disposed of with the following directions:
(i) The petitioner is permitted to conduct the procession as
suggested by the learned Additional Public Prosecutor, that is, to conduct
the procession from the Alanganallur Murugan temple to Alanganallur
15B Mettupatti village.
(ii) The competent police authority shall afford the petitioner a
reasonable opportunity to furnish particulars regarding the suggested
route, timing, duration and arrangements for the procession.
(iii) The police authorities are directed to regulate the procession in
accordance with law, having regard to public safety, traffic regulation and
the maintenance of law and order.
(iv) The petitioner shall strictly adhere to the conditions imposed
and ensure that the procession is conducted peacefully without causing
inconvenience to the general public.
9. In view of the proposed date of procession, the above exercise
shall be completed expeditiously and, in any event before 18.10.2026.
16-10-2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
mar/skn
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WP Crl.(MD) No. 5704 of 2026
To
1. The Superintendent of Police,
Madurai,
Madurai District.
2. The Deputy Superintendent of Police,
Samayanallur Sub-Division,
Madurai District.
3. The State of Tamil Nadu represented by,
The Inspector of Police,
Alanganallur Police Station,
Madurai District.
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WP Crl.(MD) No. 5704 of 2026
K.GOVINDARAJAN THILAKAVADI J.
mar/skn
WP Crl.(MD) No. 5704 of 2026
AND
WMP CRL.(MD) No. 1279 of 2026
16-10-2026
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