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P.Mahesh Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
P.Mahesh Vs The Superintendent of PoliceP.Mahesh v. The Superintendent of Police

Dismissed¶28

P.Mahesh v. The Superintendent of Police

Constitutional law – Right to sleep – Article 21 of the Constitution of India – Temple festival timings

Madras HC20 Aug 2025WP Crl.(MD)/1022/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench (Justice B. Pugalendhi), WPCrl(MD)No.1022 of 2025, decided 20.08.2025. Writ of certiorarified mandamus against police proceedings restricting temple festival timings to 10.00 p.m.; petitioner sought night-time permission (11.00 p.m. to 4.30 a.m.) for Music Concert and Karakattam during Sama Kodai Festival at Sudalai Andavar temple, Mudalakulam Village, Nanguneri Taluk, Tirunelveli District. Court held right to sleep is a fundamental right under Article 21; festival cannot disturb others' sleep; petition dismissed, connected WPMP closed. Keywords: Article 21, right to sleep, noise nuisance, festival timing restriction, police permission, Article 226.

What did the court decide?

The right to sleep is a fundamental right guaranteed under Article 21 of the Constitution of India. ¶23

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned proceedings dated 12.08.2025 restricting the festival timings up to 10.00 p.m. should be quashed and the petitioner directed to be granted permission to conduct the Music Concert and Karakattam from 11.00 p.m. to 4.30 a.m. during the Sama Kodai Festival.

Court's answer

The right to sleep is a fundamental right guaranteed under Article 21 of the Constitution of India.

Ratio / Principle

A petitioner is not supposed, under the guise of conducting a temple festival, to disturb others' sleep; accordingly, the court declined to interfere with the impugned order restricting the festival time up to 10.00 p.m.

Detailed headnote1 paragraphs

Constitutional law — Right to sleep — Article 21 of the Constitution of India — Temple festival timings — Writ petition under Article 226 seeking certiorarified mandamus to quash proceedings of the Inspector of Police, Moondaraippu Police Station dated 12.08.2025, whereby permission for the Sama Kodai Festival (Music Concert and Karakattam) was restricted up to 10.00 p.m., and to direct permission from 11.00 p.m. to 4.30 a.m. HELD, dismissing the petition: the right to sleep is a fundamental right guaranteed under Article 21; under the guise of conducting a temple festival, a petitioner is not supposed to disturb others' sleep; the court was therefore not inclined to interfere with the impugned order. Connected miscellaneous petition (WPMP(MD)No.265 of 2025) closed.

A

WPCrl(MD)No.1022 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WPCrl(MD)No.1022 of 2025 and WPMP(MD)No.265 of 2025

P.Mahesh

... Petitioners

versus

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Moondaraippu Police Station, Moondaraippu, Thoothukudi District. ... Respondents

Writ Petition filed under Article 226 of the constitution of India, writ of certiorarified mandamus call for the records relating to the impugned proceedings dated 12.08.2025 issued by the 2^nd respondent in Na.Ka.No.19/Namuna/U.Ka.Aa/2025 and quash the same and consequently directing the 2^nd respondent to grant permission to the petitioner to conduct the Music Concert and the Karakattam which is scheduled to be commence from 22.08 2025 at 11.00 PM. and ends at 4.30 A.M., on 23 08.2025 during the Sama Kodai Festival for the deity

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https://www.mhc.tn.gov.in/judis

WPCrl(MD)No.1022 of 2025

viz., Arulmigu Sr? May?ladumpara? Sudalai Andavar, Sri Masanamuthu Swamy Thirukoil, Mudala?kulam Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.A.Mohamed Haneef For Respondents : Mr.A.S.Abul Kalaam Azaad, Government Advocate (Crl Side)

ORDER

The petitioner has filed this petition challenging the order of the

respondent police restricting the festival time upto 10.00pm.

2.The learned Government Advocate appearing for the

respondent police submits that permission has been granted to the petitioner, by restricting the time upto 10.00pm. However the petitioner

has sought permission for conducting the festival from 11.00pm to 04.30am.

3.The right to sleep is a fundamental right guaranteed under Article 21 of the Constitution of India. The petitioner under the guise

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WPCrl(MD)No.1022 of 2025

of conducting temple festival is not supposed to disturb others sleep.

Therefore, this court is not inclined to interfere with the impugned order. Accordingly this petition is dismissed. Consequently connected miscellaneous petition is closed.

20.08.2025

DSK

To

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Moondaraippu Police Station, Moondaraippu, Thoothukudi District.

Copy to

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

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WPCrl(MD)No.1022 of 2025

B.PUGALENDHI, J.

DSK

WPCrl(MD)No.1022 of 2025

20.08.2025

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https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the impugned proceedings dated 12.08.2025 restricting the festival timings up to 10.00 p.m. should be quashed and the petitioner directed to be granted permission to conduct the Music Concert and Karakattam from 11.00 p.m. to 4.30 a.m. during the Sama Kodai Festival.¶22
The court held
The right to sleep is a fundamental right guaranteed under Article 21 of the Constitution of India.ratio¶23

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶11 Article 21¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Proceedings in Na.Ka.No.19/Namuna/U.Ka.Aa/2025 issued by the 2nd respondent (Inspector of Police, Moondaraippu Police Station), permitting the festival only up to 10.00 p.m., challenged as violative of the petitioner's request to conduct the Music Concert and Karakattam from 11.00 p.m. on 22.08.2025 to 4.30 a.m. on 23.08.2025.¶11
Inspector of Police, Moondaraippu Police Station, Moondaraippu, Thoothukudi District (2nd respondent) · 12.08.2025
Prior proceeding
The respondent police had granted permission to the petitioner for the festival, but restricted the time up to 10.00 p.m.¶21
Prior proceeding
The petitioner had sought permission to conduct the festival (Music Concert and Karakattam during the Sama Kodai Festival) from 11.00 p.m. on 22.08.2025 to 4.30 a.m. on 23.08.2025.¶22

Parties & counsel

AI extract

petitioner
P.Mahesh¶6
Mr.A.Mohamed Haneef
respondent
The Superintendent of Police, Tirunelveli District, Tirunelveli¶9
Mr.A.S.Abul Kalaam Azaad
respondent
The Inspector of Police, Moondaraippu Police Station, Moondaraippu, Thoothukudi District¶10
Mr.A.S.Abul Kalaam Azaad

Coram

AI extract

B. Pugalendhiauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 20 Aug 2025 · August
Registered: 18 Aug 2025
Case no.: WP Crl.(MD)/1022/2025
CNR: HCMD010999812025
Topic: Writ and Judicial Review
Bench: B.pugalendhi
Disposal: DISMISSED
Case type: WPCrl(MD)

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Cite this judgement

P.Mahesh v. The Superintendent of Police, WP Crl.(MD)/1022/2025 (MAD), decided on 20 August 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226 · Article 21

View all statutes

Procedural history3

Proceedings in Na.Ka.No.19/Namuna/U.Ka.Aa/2025 issued by the 2nd respondent (Inspector of Police, Moondaraippu Police Station), permitting the festival only up to 10.00 p.m., challenged as violative of the petitioner's request to conduct the Music Concert and Karakattam from 11.00 p.m. on 22.08.2025 to 4.30 a.m. on 23.08.2025.Inspector of Police, Moondaraippu Police Station, Moondaraippu, Thoothukudi District (2nd respondent) · 12.08.2025
The respondent police had granted permission to the petitioner for the festival, but restricted the time up to 10.00 p.m.
The petitioner had sought permission to conduct the festival (Music Concert and Karakattam during the Sama Kodai Festival) from 11.00 p.m. on 22.08.2025 to 4.30 a.m. on 23.08.2025.

View full history

Bench / Coram

B. Pugalendhi

Parties & counsel