Baskar,S/O.Duraisamy, v. State Rep.By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10491 of 2019 Baskar ... Petitioner Vs.

State Represented by, 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Palavoor Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second Respondent to grant permission and to give adequate police protection to conduct Innisai Katcheri programme for 6 days i.e. from 06.05.2019 to 10.05.2019 and 12.05.2019 during the night time at 09.00 p.m to 01.00 a.m., on the eve of "Arulmigu Sri Mutharamman Temple" festival situated in Avaraikulam, Radhapuram Taluk, Tirunelveli District based on the petitioner's representation dated 22.04.2019 within the time limit that may stipulated by this Court. For Petitioner : Mr.C.Susikumar For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This writ petition has been filed to direct the second respondent to grant permission and to give adequate police protection to conduct Innisai Katcheri programme for 6 days i.e. from 06.05.2019 to 10.05.2019 and 12.05.2019 during the night time at 09.00 p.m to 01.00 a.m., on the eve of "Arulmigu Sri Mutharamman Temple" festival situated in Avaraikulam, Radhapuram Taluk, Tirunelveli District, at the Kalaiarangam belongs to the temple, based on the petitioner's representation dated 22.04.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents.

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3. The learned counsel for the petitioner would submit that the Innisai Katcheri programme is scheduled to take place in the Kalaiarangam, which is situated in the temple premises. The representation sent by the petitioner, dated 22.04.2019, to the second respondent is still pending.

4. While this Court raises question as to why a permission is required for a programme to take place within the premises of a private temple, the learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the petitioner has directly approached this Court, without approaching the second respondent, the Sub Inspector of Police, Palavoor Police Station, Tirunelveli District. She further submitted that it is necessary to approach the second respondent police to get permission and police protection to conduct the Innisai Katcheri programme in the Kalaiarangam situated in the premises of the temple.

5. Considering the above submissions, the petitioner is directed to approach the second respondent, the Sub Inspector of Police, Palavoor Police Station, Tirunelveli District with a fresh representation forthwith. On such representation, the second respondent is directed to consider the same and pass appropriate orders in accordance with law, preferably, on or before 03.05.2019.

6. With the above directions, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Palavoor Police Station, Tirunelveli District.

+1cc to Mr.C.SUSIKUMAR, Advocate, SR.No. 63657 W.P.(MD)No.10491 of 2019 PJL KK/SAR/30.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/