WP CRL.(MD)/5149/2026 of T.Anbalagan Vs The State of Tamil Nadu, Rep on 11 September 2026

ORDER

This writ petition has been filed for issuance of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 2nd respondent in Na.Ka.No.98/Mugam/Ka.U.A./S and O/2026 and Na.Ka.No. 99/Mugam/Ka.U.A./S and O / 2026 dated 30.08.2026 quash the same and consequently, direct the respondents to grant permission for installation and worship of Vinayagar Idols and for conducting the procession and immersion on 15.09.2026 between 6.30 p.m., and 8.00 p.m., along the established and customary procession route, in accordance with G.O.Ms.No.598, dated 09.08.2018, subject to reasonable conditions.

2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondents. Heard the counsel on either side and perused the records.

3. The learned counsel for the petitioner argued the case based on the records available in this case and submitted that though the petitioner has made representation, the same was rejected by the impugned proceedings stating that the petitioner did not give the representation following the GO.Ms.No.598 Public (Law and Order). Department, dated 09.08.2018. He would further submitted that now he is ready to give representation following the GO.Ms.No. 598 Public (Law and Order). Department, dated 09.08.2018.

4. According to the respondents, the petitioner submitted only representation and not in Form I as per GO.Ms.No.598 Public (Law and Order). Department, dated 09.08.2018. As per the aforesaid Government Order, if the petitioner submits Form-I along with the necessary records and No Objection Certificates (NOCs), the same shall be considered by the designated authority having jurisdiction over the concerned area.

5. There are certain judicial decisions interpreting the said Government Order, wherein some of the clauses therein have been set aside, while certain other clauses have been upheld, as per the decision rendered in W.P.No.22439 of 2018 batch, in the case of Vinayagar Chathurthi Madhiya Kuzhu v. State of Tamil Nadu and another, dated 15.03.2023, and the subsequent decision of this Court in W.P.Crl.(MD) No.1086 of 2025 batch, in the case of S.Kumar v. Commissioner of Police, Madurai and another, dated 26.08.2025.

6. In view of the aforesaid decisions, the petitioner can submit Form-I along with the necessary documents and NOCs, as contemplated under the aforesaid Government Order, before the designated authority.

7. If such Form-I is submitted and found to be in order and in compliance with all the requirements prescribed under the Government Order, the designated authority shall consider the same and pass appropriate orders, in accordance with law, at the earliest and, in any event, before the proposed festival date.

8. In the present case, it is submitted that no Form-I, as required under the aforesaid Government Order, has been submitted so far. Therefore, the petitioner is at liberty to submit Form-I before the designated authority immediately.

9. On receipt of such Form-I, if the same is in order and satisfies all the requirements, the designated authority shall consider the same and pass suitable orders at the earliest.

10. In view of the above, the impugned order passed by the second respondent is hereby set aside and with the above said directions and liberty, this petition is disposed of. 11.09.2026 TM To

1. The State of Tamil Nadu, The Commissioner of Police, Madurai District, Madurai.

2. The State of Tamilnadu, The Assistant Commissioner of Police, Thirupparankundram Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J., TM WP.Crl.(MD).No.5149 of 2026 11.09.2026