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Madras High CourtWP/11565/2017disposed of

P.K.Chinnadurai v. The Superintendent Of Police,

2017-05-05Honourable Mr Justice N. Kirubakaran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.Nos.11565, 11615, 11622, 11623, 11624, 11633, 11634 & 11781 of 2017 and Connected Writ Miscellaneous Petitions W.P.No.11565 of 2017 P.K.Chinnadurai S/o.Karuppan ... Petitioner Vs.

1. The Superintendent of Police Cuddalore District

2. The Inspector of Police Ramanatham Police Station Cuddalore District - 606 108.

... Respondents of Mandamus directing the respondents/police to consider the petitioner's representation dated 28.04.2017 within a time frame fixed by this Court.

W.P.No.11615 of 2017 P.Perumal ... Petitioner The State Rep. by Vaniyambadi Taluk Police Station Vaniyambadi Taluk Vellore District of Mandamus, directing the respondent to grant permission to conduct Orchestra Program with Dance and Light Music Program at Sri Mariamman Temple situated at K.K.Kottai Circle Betthaveppampattu Village, Vallipattu Post, Vaniyambadi Taluk,

Vellore District scheduled to be held on 14.5.2017 at 7.00 pm to 11.00 pm.

W.P.No.11622 of 2017 S.P.Arumugam ... Petitioner Natrampalli Police Station Natrampalli.

of Mandamus, directing the respondent to give permission to the petitioner to conduct a cultural program schedule to be held on 9.5.2017 at Shri Mariamman Temple at Somanaickenpatti Village, Vettapattu Post, Natrampalli Taluk, Vellore District by considering the petitioner representation dated 1.5.2017. W.P.No.11623 of 2017 P.Kothandapani ... Petitioner Kurisilapattu Police Station Kurisilapattu.

of Mandamus, directing the respondent to give permission to the petitioner to conduct a cultural program schedule to be held on 19.5.2017 at Shri Mariamman Temple at Puthur Village, Poongulam Post, Vaniyambadi Taluk, Vellore District by considering the petitioner representation dated 1.5.2017.

W.P.No.11624 of 2017 R.Rajkumar @ Raja ... Petitioner Nallure Police Station Parapathi Vellore Taluk Namakkal District 637 203

of Mandamus, directing the respondent to give permission to the petitioner to conduct a cultural program schedule to be held on 10.5.2017 at Mariamman Kaliamman Temple at 2/118, Kunnamalai Parapath, Vellore Taluk, Namakkal District W.P.No.11633 of 2017 Sagadevan ... Petitioner Inspector of Police Latheri Police Station Latheri Vellore District of Mandamus, directing the respondent to consider the representation dated 1.5.2017 in seeking permission and protection to conduct of light music program in Arulmigu Sri Mariamman Koil to be held at Karasamangalam Village and Post Katpadi Taluk Vellore District scheduled to be held on 6.5.2017 from 7.00 P.M to 10.00 P.M 637 203 by considering the petitioner representation dated 25.4.2017.

W.P.No.11634 of 2017 P.Parthiban ... Petitioner Inspector of Police Pallikonda Police Station Pallikonda Vellore District of Mandamus, directing the respondent to consider the representation dated 1.5.2017 in seeking permission and protection to conduct of light music program in Arulmigu Sri Porkodi Amman Tiru Koil to be held at Annachipalayam Village Marudhavallipalayam Post, Virunchipuram, Vellore District scheduled to be held on 11.5.2017 from 7.00 P.M to 10.00 P.M

W.P.No.11781 of 2017 S.Anandhakumar ... Petitioner Dharmal Police Station Neyveli - 607 803 Cuddalore District.

of Mandamus, directing the respondent to grant permission and protection to conduct Music Program) in the Sri Kaman Temple Situated at No.53, North Street, Vattam- 30, Neyveli, Cuddalore district Scheduled to be held on 06.05.2017 from 6.00 pm to 11.00 pm.

For Petitioners:Mr.A.M.Venkatakrishnan] (in WP.11565/17) Mr.S.Deivasigamani(WP.11615/17) M/s.Priya in WPs.11622 to 11624/17 Mr.D.Thirumoorthy in WP.11633/17 Mr.D.Thirumoorthy in W.P.No.11634/17 Mr.N.Desinghu in W.P.No.11781/17 For Respondents : Mr.T.M.Pappiah, Special Government Pleader for all the W.Ps.

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.Pappiah, 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.Pappiah, 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(V.O) //True Copy// Sub Assistant Registrar pgp To

1. The Superintendent of Police Cuddalore District

2. The Inspector of Police Ramanatham Police Station Cuddalore District - 606 108.

3. The Inspector of Police Vaniyambadi Taluk Police Station Vaniyambadi Taluk, Vellore District

4. The Inspector of Police Natrampalli Police Station Natrampalli.

5. The Inspector of Police Kurisilapattu Police Station Kurisilapattu.

6. The Inspector of Police Nallure Police Station Parapathi Vellore Taluk Namakkal District 637 203

7. The Inspector of Police Latheri Police Station Latheri Vellore District

8. The Inspector of Police Pallikonda Police Station Pallikonda Vellore District

9. The Inspector of Police Dharmal Police Station Neyveli - 607 803 Cuddalore District.

+1cc to Mr.A.M.Venkatakrishnan,sr.36720 +1cc to Mr.S.Deiva sigamani, sr.36728 +3cc to M/s.Priya & Mahyeswar, sr.36724,36723,36722 +1cc to Mr.R.Thirumoorthy,sr.36717 +1cc to Mr.R.Thirumoorthy,sr.36718 +1cc to Mr.N.Desinghu,sr.36719 W.P.Nos.11565, 11615, 11622, 11623, 11624, 11633, 11634 & 11781 of 2017 pvs(co) ss(5/5/2017)