K.Gurunathan, S/O.Muniyasamy v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.4730 of 2018 K.Gurunathan ... Petitioner -Vs1. The State represented by The Superintendent of Police, Thoothukudi District.

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant permission to perform the festival and cultural program of Traditional Village customary Music namely "Villu Pattu" on 16.03.2018 and 17.03.2018 at Arulmigu Sudalaimadan, Arulmigu Muniyasamy, Arulmigu Petchiamman, Arulmigu Kamatchiamman Thirukovil located at K.Duraisamipuram, Kovilpatti Taluk, Tuticorin District and to provide adequate police protection based on my representation dated 05.02.2018.

For Petitioner : Mr.J.M.Abdul Rahman For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

This writ petition has been filed to direct the second respondent to grant permission to perform the programme of 'Traditional Village Customary music' namely 'Villu Pattu' on 16.03.2018 and 17.03.2018 in connection with temple festival at Arulmigu Sudalaimadan, Arulmigu Muniyasamy, Arulmigu Petchiamman, Arulmigu Kamatchiamman Thirukovil located at K.Duraisamipuram, Kovilpatti Taluk, Tuticorin District and to provide adequate police protection based on the petitioner's representation dated 05.02.2018.

2.Heard, Mr.J.M.Abdul Rahman, learned counsel appearing for the petitioner and Mr.N.Shanmuga Selvam, learned Additional Government Pleader, appearing for the respondents.

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3.The learned counsel appearing for the petitioner has submitted that the petitioner is the Managing Trustee of Arulmigu Sudalaimadan, Arulmigu Muniyasamy, Arulmigu Petchiamman, Arulmigu Kamatchiamman Thirukovil located at K.Duraisamipuram, Kovilpatti Taluk, Tuticorin District. The villagers are conducting the 'Traditional Village Customary music' namely 'Villu Pattu' on 16.03.2018 and 17.03.2018 in connection with the aforesaid temple and for that, they have already given a representation dated 05.02.2018 to the second respondent, but, sofar, no order has been passed. Hence, he has filed the present writ petition. 4.The learned Additional Government Pleader appearing for the respondent has submitted that there is a law and order problem and hence, the petitioner's representation is kept pending. 5.

Considering the aforesaid submissions, the second respondent is directed to consider the representation submitted by the petitioner, dated 05.02.2018 and dispose of the same at early. At the time of passing order, the second respondent has to keep in mind the decision of the Hon'ble Supreme Court of India in the case of Church of God (Full Gospel) in India Vs. K.K.R, Majestic Colony Welfare Association and Ors, reported in 2001 - 1 - L.W. (Crl.) 233.

6.With the aforesaid observations, this writ petition is disposed of. No costs.

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

1. The Superintendent of Police, Thoothukudi District.

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

+ 1 CC TO Mr.ABDUL RAHMAN, ADVOCATE IN SR No. 53267 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 53643 RMK TE/SKN-RSK/SAR-3 : 15/03/2018 : 2P/5C W.P.(MD) No.4730 of 2018 06.03.2018 https://hcservices.ecourts.gov.in/hcservices/