Madras High Court

WP CRL.(MD)/5183/2026 of Udayaprakash Vs The Deputy Superintendent of on 11 September 2026

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WP.CRL.(MD). No.5183 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 11.09.2026

CORAM

THE HONOURABLE DR. JUSTICE P. MURUGAN

WP.CRL.(MD). No.5183 of 2026

Udayaprakash

... Petitioner

Vs.

1. The Deputy Superintendent of Police,

Usilampatti Sub-Division,

Madurai District.

2. The Inspector of Police,

Uthappanaickanur Police Station,

Madurai District.

... Respondents

PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order passed by the 2nd respondent in Na.Ka.No.52/Ka.Aaivalar/Usilai.Vattam/2026 dated 03.09.2026, quash the same as illegal, arbitrary, and unconstitutional, and consequently direct the respondents to grant permission and necessary police protection to the petitioner and the villagers to install the Vianayagar Idol and celebrate the Vinayagar Chaturthi

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WP.CRL.(MD). No.5183 of 2026

festival at Ayyanarkulam Village, Usilampatti Taluk, Madurai District from 14.09.2026 to 16.09.2026.

For Petitioner : Mr. S.P. Naveenkumar

For Respondents : Mr. C. Susikumar

Government Advocate (Crl. Side)

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O R D E R

Heard both sides.

2. Mr. C. Susikumar, learned Government Advocate (Criminal Side), takes notice for respondents 1 and 2.

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 had not given the representation in accordance with the Government Order in G.O. (Ms).No.598, Public (Law and Order), Department, dated 09.08.2018. He would further submitted that now he is ready to give the representation in the prescribed Form-I, along with the necessary documents and NOCs, as contemplated under the aforesaid Government Order.

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WP.CRL.(MD). No.5183 of 2026

4. According to the respondents, merely a representation was submitted by the petitioner. However the same was not submitted in Form I, as prescribed under G.O.(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, etc., 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, etc., batch, in the case of S.Kumar v. Commissioner of Police, Madurai and another, dated 26.08.2025.

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WP.CRL.(MD). No.5183 of 2026

6. In the present case, it is submitted that no Form-I, as required under the aforesaid Government Order, has been submitted so far.

7. In view of the above, the impugned order passed by the second respondent is hereby set aside and the petitioner is at liberty to submit Form-I, along with the necessary documents and NOCs, as contemplated under the aforesaid Government Order, before the designated authority. If such Form-I is submitted and is 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. With the above directions and liberty, this Writ Petition is disposed of.

11.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psm

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WP.CRL.(MD). No.5183 of 2026 To

1. The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

2. The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

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WP.CRL.(MD). No.5183 of 2026 DR. P. MURUGAN, J.

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WP. CRL.(MD) No.5183 of 2026 11.09.2026

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