P.Venkatesan, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.Nos.11409, 11410, 11411, 11474, 11475, 11476, 11499, 11542, 11543 & 11583 of 2017 W.P.No.11409 of 2017 P.Venkatesan S/o.Pavadaai .. Petitioner -vs.- The Inspector of Police Gengavalli Police Station Gengavalli, Salem District .. Respondents Writ petition filed under Article 226 of the Constitution of directing the respondent to grant permission to conduct "Gramiya Kalai Nigazhchi" scheduled to be held on 06.05.2017 on the eve of Arulmigu Sri Mariamman Temple festival situated at Thoddavur, Gengavalli Post, Athur Taluk, Salem District based on the petitioner's representation dated 26.04.2017 to conduct the festival.

W.P. NO 11410 of 2017 1 R.Kesavan S/o.Rajaakannu Pathamariamman Kovil Vattam Kothur Kothur Post Nattrampalli Taluk Vellore District ..Petitioner Nattrampalli Police Station Nattrampalli Vellore District

directing the respondent to grant permission to conduct Gramiya Kalai Nigazhchi Scheduled to be held on 17.05.2017 on the eve of Arulmigu Sri Patha Mariamman Temple festival situate at Kothur Kothur Post Nattrampalli Taluk Vellore District based on the petitioner representation dated 26.04.2017 to conduct the festival.

W.P.No.11411 of 2017:

1 S.Ramachandran S/o.Sammanna Gounder Nattrampalli Police Station Nattrampalli Vellore District directing the respondent to grant permission to conduct Gramiya Kalai Nigazhchi Scheduled to be held on 09.05.2017 on the eve of Arulmigu Sri Mariamman Temple festival situate at Raasan Vattam Vettapattu Vettapattu Post Nattrampalli Taluk Vellore District based on the petitioner representation dated 26.04.2017 to conduct the festival.

W.P.No.11474 of 2017:

1 A.Jeyakanthan S/o.Anandan Shoolagiri Police Station Shoolagiri Krishnagiri District.

directing the respondent authority to give permission to conduct Cultural programme (Adal Padal) in B. Kothappalli Arulmigu Sree Thimmaraya Swamy Temple Festival at Shoolagiri Taluk Krishnagiri District on 06.05.2017 by considering petitioners representation dated 29.04.2017.

W.P. No 11475 of 2017:

1 S.Paramasivam S/o. Samiyannan Steel Plant Police Station Salem Steel Plant Salem District.

directing the respondent authority to give permission to conduct Cultural programme (Adal Padal) in Kollapatti Puthucolony Arulmigu Sree Salangaioli Mariamman Temple Festival at salem Taluk & District on 06.05.2017 by considering petitioners representation dated 29.04.2017.

W.P.No 11476 of 2017:

1 K.Ramu S/o.Kuppu Uthangarai Police Station Uthangarai Krishnagiri District.

directing the respondent authority to give permission to conduct Cultural programme (Adal Padal) in Chennappanaickanur Arulmigu Sree Kaliamman Temple Festival at Uthangarai Taluk Krishnagiri District on 12.05.2017 by considering petitioners representation dated 29.04.2017.

W.P.No 11499 of 2017:

1 S.Vishwanathan 1 The State Rep. by The Superintendent of Police Vellore District 2 The Deputy Superintendent of Police Vellore District 3 The Inspector of Police Virinjipuram Police Station Vellore District Prayer Directing the 3rd respondent to give permission to conduct a festival program schedule to be held on 16.5.2017 in Sri Ponniamman Temple by considering the petitioner representation dated 18.4.2017.

W.P No 11542 of 2017:

1 M.Mailappan S/o.Maduramuthu Ajis Nagar Police Station Villupuram District

directing the respondent authority to give permission to conduct the cultural program in Ajis Annai Arulmighut Sri Muthumariamman Chithra Thiruvizha, Ulundurpettai Taluk Villupuram District on 11.5.2017 by considering the petitioners representation dated 26.4.2017.

W.P. No 11543 of 2017:

1 V.Thavamani Senthamangalam Police Station Namakkal District Prayer directing the respondent authority to give permission to conduct the cultural program in Kuppanayakanur Arulmighut Sri Mariamman Koil Thiruvizha Senthamangalam Taluk Namakkal District on 10.5.2017 by considering the petitioners representation dated 2.5.2017.

W.P. NP 11583 of 2017:

1 A.K.Mariyappan S/o.Kumarasay Muthaliar Kadathur Police Station Erode District. ..Respondent

directing the respondent herein to consider petitioner representation dated 30.04.2017.

For Petitioners : Mr.T.Sathyaseelan (WP.Nos.11409 to 11411/2017) : Mr.A.Sathish Kumar (WP.Nos.11474 to 11476/2017) For Respondents : Mr.K.Dhananjayan, Spl. Govt. Pleader in all Mr.T.Balaji in WP.11499/2017 Mr.R.P.Murugan Raja in WPs.11542 & 11543/2017 Mr.K.Nagendra Prasad in WP.11583/2017 C O M M O N O R D E R All these writ petitions have been filed seeking for a direction to the respective respondents to conduct cultural programme during the temple festival to be held in the respective villages.

2.Though the respective petitioners had already given representations to the respective respondents in this regard, so far no orders came to be passed and hence, the petitioners had come up with the present writ petitions.

3.Heard the learned counsels appearing for the petitioners in the respective writ petitions and Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents in these writ petitions.

4.Learned counsels appearing for the petitioners in the respective writ petitions would submit that the temple festival is the only occasion for the villagers to the celebrate and only to enhance the enjoyment, these kinds of cultural programme is organised. The learned counsels relied on the Division Bench Judgment of this Court made in W.P.(MD).No.3773 of 2017, dated 03.03.2017, wherein the Division Bench had set aside the rejection order passed by the police authorities and remanded the matter back to the authorities to consider the representation afresh for conducting the cultural programme.

5.On the other hand, Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would oppose granting any direction to the authorities, as conducting of any programme in the name of cultural programme would vitiate the atmosphere in the entire village and even it ends in violence in certain places.

6.After hearing both the parties, this Court without expressing any opinion with regard to granting of permission directs the respective respondents to consider the respective petitioner's representations and pass orders at the earliest, based on the ground reality prevailing in the concerned villages. 7.These writ petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar/VO(CO) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police Nattrampalli Police Station Nattrampalli, Vellore District 2.The Inspector of Police Shoolagiri Police Station Shoolagiri, Krishnagiri District 3.The Inspector of Police Steel Plant Police Station Salem Steel Plant, Salem District 4.The Inspector of Police Uthangarai Police Station Uthangarai Krishnagiri District 5.The Inspector of Police Kadathur Police Station Erode District 6.The Inspector of Police Ajis Nagar Police Station Villupuram District

7.The Inspector of Police Senthamangalam Police Station, Namakkal District 8.The Superintendent of Police, Vellore District 9.The Deputy Superintendent of Police Vellore District 10.The Inspector of Police Virinjipuram Police Station Vellore District 11.The Inspector of Police Gengavalli Police Station Gengavalli Salem +1 CC to M/s.T.Sathyaseelan Advocate sr 36733/17 +1 CC to M/s.T.Balaji & R.Dineshkumar Advocate sr 36721 +1 CC to M/s.K.Nagendran Prasad Advocate sr 36737 +3 CC to M/s.A.Sathishkumar Advocate sr 36725,36726,36727 +2cc to Mr.R.P. Muruganraja, Advocate Sr.36825,36826 dt. 8/5/2017 W.P.Nos.11409, 11410, 11411, 11474, 11475, 11476, 11499, 11542, 11543 & 11583 of 2017 vg II(co) aa05/05/2017