Madras High CourtWP/19222/2024dismissed

Kesavan v. The State Of Tamil Nadu

2024-07-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN P.Kesavan ... Petitioner Vs.

1. The State of Tamilnadu Rep.by The Inspector of Police, Umarabad Police Station, Umarabad, Thirupathur (District)

2. The Deputy Superintendent of Police, Ambur, DSP Office, Ambur, Thirupathur(District) ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 04.07.2024 issued by the 1st respondent and quash the same as arbitrary, unconstitutional and against law and consequently, direct the 1st respondent authority to give permission to conduct the cultural dance program on 11.07.2024 at 06 to 10 at Sri Mariamman Temple Festival Peiya Malaiyambattu Village, Thennambattu Post, Ambur Taluk, Thirupathur District-635 802. 1/4

For Petitioner : Mr.S.Pachaiyappan For Respondents : Mr. S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed challenging the order of the first respondent declining permission to conduct cultural programme on 11.07.2024 in connection with Mariamman Temple Festival at Malayambattu Village.

2. The impugned order reveals that on earlier occasions, when permission for cultural programme in temple festival permitted and young youths from other villages have participated in the programme and led to fight between the youths of the local village and the neighbouring village causing law and order problem. The reasons given by the first respondent for declining permission appears to be genuine and the issue taking into consideration, the law and order situation prevailing.

3. Cultural Programme like dance and music does not form part of any religious penance. Therefore, only subject to prevailing law and order situation, permission can be granted not otherwise. Here it is explicitly mentioned in the impugned order that grant of permission may 2/4

lead to disturbance to public peace.

4. This Court finds no illegality in the said order to interfere. Hence, this writ petition is dismissed. No order as to costs. 11.07.2024 Vv To

1. The Inspector of Police, Umarabad Police Station, Umarabad, Thirupathur (District)

2. The Deputy Superintendent of Police, Ambur, DSP Office, Ambur, Thirupathur(District) Dr.G.JAYACHANDRAN,J.

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