S.Thangaiah Nadar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2018

CORAM:

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7181 of 2018 S.Thangaiah Nadar, President, Indhu Nadar Uravin Murai Mahamai Committee, Sivagurunathapuram, Surandai, Tirunelveli District.

... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Surandai Circle, Tirunelveli District.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the entire records pertaining to the order passed by the second respondent which is signed on 28.03.2018 and quash the same in so far as the restriction of time in conducting the temple festival of Arultharum Sri Muppidari Ambal Thirukovil situated at Sivagurunathapuram, Surandai, Tirunelveli District scheduled to be taken place from 03.04.2018 till 12.04.2018 and consequently direct the second respondent to permit him to conduct the same as per his schedule of festival notified in his pamphlet. For Petitioner : Mr.R.Anand For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

According to the petitioner, the second respondent has passed the impugned order, dated 29.03.2018 by granting permission to the petitioner to conduct the Temple Festival including other programmes and in the order, the second respondent has indicated the time from 19.00 hours to 22.00 hours from 03.04.2018 to 12.04.2018. Challenging the aforesaid time fixed by the second respondent, the petitioner has filed the present writ petition before this Court.

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2.The learned counsel appearing on behalf of the petitioner would submit that already the time schedule to be held from 07.00 p.m., to 10.00 p.m., to conduct the programme and he seeks further time from 07.00 p.m., 01.00 a.m.

3.The learned Government Advocate appearing for the respondents would submit that in similar matters this Court has passed an order by indicating the time upto 10.30 p.m., for conducting the cultural programmes and there can not be any deviation from the time schedule fixed by the second respondent from 19.00 hours to 22.00 hours for the festival dates from 03.04.2018 to 12.04.2018.

4.In view of the above said facts and the earlier order passed by this Court, the time has been extended from 7.00 p.m., to 10.30 p.m., and for the remaining portion of the order is concerned, it is un-altered and the same is confirmed.

5.It is made clear that beyond 10.30 p.m., the petitioner shall not continue the programme.

6.In the light of the above, the writ petition petition is allowed in part and the impugned order passed by the second respondent, dated 29.03.2018 is modified to aforesaid extent alone. No costs.

Sd/- Assistant Registrar (P & A) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Surandai Circle, Tirunelveli District.

+1. C.C. to M/S.R.ANAND, Advocate, SR.No.59929. W.P.(MD)No.7181 of 2018 05.04.2018 SDS/CM:VR/SAR.1/05.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/