Criticising the state police for failing to respond to several applications seeking permission to conduct ‘Aadal Padal’ programmes (cultural events) during temple festivals, thereby resulting in filing of numerous petitions in the high court, a vacation bench of Madurai Bench of Madras High Court recently ordered the police to dispose of such applications within seven days of receiving them.

: Criticising the state police for failing to respond to several applications seeking permission to conduct ‘Aadal Padal’ programmes (cultural events) during temple festivals, thereby resulting in filing of numerous petitions in the high court, a vacation bench of Madurai Bench of Madras High Court recently ordered the police to dispose of such applications within seven days of receiving them.

Non-disposal of the applications in seven days would be automatically construed as grant of permission (deemed permission) on the eighth day, the court added. A Bench of justices MS Ramesh and PT Asha, which passed the order, further explained petitions filed over non-disposal of such applications seeking permission for cultural programmes would not fall under public interest litigations and would not amount to a violation of fundamental rights.

The order was passed on a ‘public interest litigation’ filed by C Sathasivam seeking permission to conduct a cultural programme from May 29 to 31 for the Vaikasi festival in Sri Seva Muthumariamman temple in Tiruchy. The judges noted following several orders passed by the high court, the Director General of Police (DGP) issued two circulars in 2019, setting out conditions to be imposed before granting permission for ‘Adal Padal’ programmes. But despite the circulars, the authorities to whom applications are made for granting permission are not acting upon them, they pointed out.

The judges wondered as to how the conduct of a dance programme in a temple in a small village would partake the character of public interest. “The failure to grant permission (not even a refusal) to conduct a cultural event does not constitute a violation of a fundamental right as guaranteed under Part III of the Constitution of India.

Therefore, the invocation of the provisions of Article 226 of the Constitution of India, that too, in the guise of a Public Interest Litigation appears to be erroneous,” the judges said. The judges further ordered that the programmes should not extend beyond 10 pm and there should not be any supply of alcohol or other intoxicating material in and around the area where the programme is held. They directed the public prosecutors to ensure that the order i

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