Natesan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021 CORAM :
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Natesan
...Petitioner
/Vs./ 1.The Superintendent of Police, Pudukkottai and District.
2.The Election Officer/Sub-Collector (Special), Thirumayam Legislative Assembly Constituency, Pudukkottai District.
3.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
4.The Sub-Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to grant permission and protection to conduct Sri Valli Thirumanam Drama scheduled to be held on 23.03.2021 in connection with the festival of Arulmigu Sri Muthumariamman Temple Panguni Festival, Pappanpatti Bharathi Nagar, Thirumayam Taluk, Pudukkottai District. For Petitioner : Mr.RMS.Sethuraman, Advocate For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
By consent, this Writ Petition is taken up for final hearing at the admission stage itself.
2.Mr.A.Robinson, learned Government Advocate (Criminal side) accepts notice for the respondents.
3.Mr.RMS.Sethuraman, learned counsel appearing for the petitioner would submit that the petitioner is the President of the 1/3
festival committee of Arulmigu Sri Muthumariamman Temple, Pappanpatti Bharathi Nagar, Thirumayam Taluk, Pudukkottai District, and that Sri Valli Thirumanam Drama is scheduled to be held on 23.03.2021. His further contention is that he submitted a representation dated 13.03.2021 to the respondents seeking permission to conduct the said Drama, and the second respondent issued the proceedings contending that the petitioner can conduct Valli Thirumanam Drama and conclude it before 10.00 p.m. The learned counsel drew the attention of this Court to the orders passed by the Single Judge of this Court in W.P.(MD)No.7380 of 2019, dated 28.03.2019, in which, it is held thus:
"....2.The petitioner is one of the Mandagapaditharar for conducting the petition mentioned festival. The petitioner wants to conduct drama programme on 30.03.2018 during night. Even though he submitted an application to the respondent, till date it has not been considered. Since the petition mentioned event is to be conducted only in connection with the Temple festival, Election code of conduct will not apply.
3.Therefore, the respondent is directed to give permission to the writ petitioner for conducting the drama incorporating appropriate conditions. It is submitted that the event starts around 10.00 a.m and would go upto the early hours.
Therefore, while granting permission, the respondent shall not impose any restriction with regard to timings.."
4.In view of the above decision, the second respondent is directed to consider the representation of the petitioner once again and pass appropriate orders afresh without making any restrictions on the timings.
5.With the above observation, this petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS-II) 2/3
Note :
In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Pudukkottai and District.
2.The Election Officer/Sub-Collector (Special), Thirumayam Legislative Assembly Constituency, Pudukkottai District.
3.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
4.The Sub-Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.RMS.SETHURAMAN, Advocate SR-11837[F] dated 17/03/2021 17.03.2021 SM KK/19.03.2021/3P/7C 3/3