Marichamy, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5839 of 2019 Marichamy ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Sub Inspector of Police, Chinnakovilankulam Police Station, Chinnakovilankulam, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the third respondent to grant permission to conduct a "Light Music Programme" held on 19.03.2019 at about night hours from 09.00 pm., to 01.00 am., and consequently to give adequate police protection to celebrate the festival called " Panguni Uthira Thiruvizha" in the temple namely "Arulmighu Karuppasamy Kovil" situated at Nochikulam, Sankarankovil Taluk, Tirunelveli District.

For Petitioner : Mr.K.Ramesh Durairaj For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is a resident of Nochikulam Village. The villagers intend to celebrate "Panguni Uthira Thiruvizha" in their 'Karuppasamy Kovil', which is located in the village. They also want to organize a 'Light Music Programme'. However, the third respondent has taken the stand that unless Court grants permission, they would not allow to be held. That has necessitated filing of this writ petition.

3. I am of the view that the petitioner can very well be permitted to conduct the function in question. The second respondent is therefore directed to permit the petitioner to conduct 'Light Music Programme' on 19.03.2019. It is further stated that it is their customary practice to have the pooja at around midnight. Therefore, considering the facts and circumstances of the case, the https://hcservices.ecourts.gov.in/hcservices/

petitioner can be permitted to conduct the programme up to 12.00 a.m.

4. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Sub Inspector of Police, Chinnakovilankulam Police Station, Chinnakovilankulam, Tirunelveli District.

+1cc to Mr.K.Ramesh Durairaj, Advocate, SR.No.53466 +1cc to Special Government Pleader, SR.No.53985 W.P.(MD)No.5839 of 2019 13.03.2019 SP/14.03.2019 / 2P/6C https://hcservices.ecourts.gov.in/hcservices/