Kannusamy, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 25-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18391 OF 2015 Kannusamy ... Petitioner -vs1. The Superintendent of Police, Cuddalore District.
2. The Deputy Superintendent of Police, Tittakudi Taluk, Cuddalore District.
3. The Inspector of Police, Veppur Police Station, Veppur, Cuddalore District.
... Respondents Writ Petition has been filed praying for issuance of a writ of certiorarified mandamus, to call for the records relating to Order, dated 22.06.2015, passed by the third respondent; quash the same and consequently direct the respondents to permit the petitioner to conduct a Cultural Programme, scheduled to be held on 26.06.2015, in Poyanampadi Sri Andavar Temple at Ariyanachi Village, Kaluthur Post, Tittakudi Taluk, Cuddalore District.
For petitioner : Mr.R.Murali For respondents : S.Pattabiraman, Government Advocate.
O R D E R
By consent, the Writ Petition is taken up for disposal.
2. The petitioner claims to be one of the trustees of Poyanampadi Sri Andavar temple, which is situated in Ariyanachi Village, Cuddalore District. He submitted a representation, dated 22.06.2015, to the third respondent, seeking permission to conduct a temple festival on 26.06.2015, which includes naatakam, karagattam, song programme etc., but the said permission was denied by the third respondent vide his order, dated 22.06.2015, on the
ground that in the event of the song programme being conducted during night, there was likelihood of law and order problem and also as per the orders of his higher-ups and challenging the legality of the said denial, the petitioner has come forward to file this Writ Petition.
3. Learned counsel for the petitioner, on instructions, would submit, that, in the event of the permission being granted to conduct the cultural programme, only devotional songs will be sung; there will not be any law and order problem and also no vulgarity or obscenity will be in place and, accordingly, he prays for appropriate orders.
4. Heard the submissions of Mr.S.Pattabiraman, learned Government Advocate, who, on instructions, would submit that on the apprehension of law and order problem only, permission was denied by the third respondent, and, hence, he prays for dismissal of the Writ Petition.
5. This Court has perused the Programme Sheet, which is available at Page 8 of the typed set of documents, and it would disclose that the petitioner intends to conduct a song programme at 06.00 p.m., on 26.06.2015, followed by procession of deity.
6. In the light of the above facts and circumstances of the case, this Court is of the view that the impugned order is liable to be set aside and appropriate direction to be issued, subject to certain conditions, so as to enable the conducting of the song programme in connection with the temple festival.
7. Accordingly, the Writ Petition is allowed and the impugned order is quashed, directing the third respondent to accord necessary permission to the petitioner to conduct song programme on 26.06.2015 at 06.00 p.m., subject to reasonable restrictions/conditions. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dixit
To
1. The Superintendent of Police, Cuddalore District.
2. The Deputy Superintendent of Police, Tittakudi Taluk, Cuddalore District.
3. The Inspector of Police, Veppur Police Station, Veppur, Cuddalore District.
+1cc to Mr.R.Murali, Advocate, S.R.No.31637 +1cc to the Government Pleader, S.R.No.31822 W.P.Nos.18391/2015 KJI(CO) CA(09/07/2015)