Vinoth, S/O.Vellimalai, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.6145 of 2018 (Criminal) Vinoth ... Petitioner -Vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to c]all for the records relating to the rejection order in C.No.21/AMMR-PS/18, dated 13.03.2018 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to grant permission and protection to perform the cultural Adalpadal program scheduled to be held on 12.04.2018 pursuant to "Urchava Festival" of Arulmigu Sri mariamman, Oorkavalan Samy Kovil at Goundanpatti East Street, Pallapatti Village, Nilkottai Taluk, Dindigul District. For Petitioner : Mr.S.Prasanth For Respondents : Mr.B.Bhagawathi, Government Advocate.

O R D E R

This writ petition has been filed by the petitioner to call for the records relating to the rejection order in C.No.21/AMMR-PS/18, dated 13.03.2018 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to grant permission and protection to perform the cultural Adalpadal program scheduled to be held on 12.04.2018 pursuant to "Urchava Festival" of Arulmigu Sri mariamman, Oorkavalan samy kovil at Goundanpatti East street, Pallapatti village, Nilkottai Taluk, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.S.Prasanth, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that in their Village it was decided for conducting 'Adal Padal' in the eve of "Urchava Festival" of Arulmigu Sri mariamman, Oorkavalan Samy Kovil at Goundanpatti East street, Pallapatti Village, Nilkottai Taluk, Dindigul District. He further submitted that the second respondent has rejected the petitioner's representation by the impugned order dated 13.03.2018 without assigning any valid reason and hence the said impugned order has to be quashed.

4.The learned Government Advocate has submitted that since the communal problems are coming, the petitioner's representation has been rejected by the second respondent. He further submitted that since the petitioner is seeking permission for conducting 'Adal Padal' though out the night as per the judgment of the Honourable Supreme Court of India in Church of God (Full Gospel) in India Vs K.K.R.Magestic Colony Welfare Association and Others, reported in 2001-1-L-W (CRL) 233, using a loud speaker or a public address system after 10.00 p.m cannot be permitted, the petitioner's representation cannot be considered .

5.In the impugned order, the second respondent has stated that since communal problems are coming, permission for conducting 'Adal Padal' cannot be granted. The said reason cannot be accepted. Without mentioning the specific events, he cannot pass such kind of order, hence the said order has to be quashed. Accordingly, the same is quashed.

6.Since the petitioner is seeking permission for conducting 'Adal Padal' during night hours, as per the aforesaid decision of the Honourable Supreme Court of India, he cannot be permitted to use a loudspeaker or a public address system between 10.00 p.m and 06.00 a.m. Therefore, the second respondent is directed to consider the petitioner's representation and pass appropriate order by keeping in mind the aforesaid decision of the Honourable Supreme Court of India.

7.With the aforesaid observations, this writ petition is allowed. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

+One cc to Mr.V.Karuppaiah, Advocate, SR.No.57165 +One cc to The Special Government Pleader, SR.No.57564 cp RL/5C/2p/SV/MMS/SAR4/2/4/2018 W.P.(MD) No.6145 of 2018 https://hcservices.ecourts.gov.in/hcservices/ (Criminal) 22.03.2018