V.Giridharan, v. The Special Deputy Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7867 of 2019 and W.M.P(MD).No.6213 of 2019 V.Giridharan ... Petitioner Vs The Special Deputy Collector cum Assistant Election Officer, No.31, Sivagangai Parliament Constituency, Pudukkottai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records pertaining in Na.Ka.E/2121/2019 dated 28.03.2019 and quash the same and consequently direct the respondent to grant permission to perform the cultural programme namely "Valli Thirumana Nadagam" on 04.04.2019 night at about 10.00PM to 06.00AM in connection with temple festival at Arulmigu Sri Muthumariamman Thirukoil is situated at Thenoor, Thenoor Post, Ponnamaravathy Taluk, Pudukkottai District based on the petitioner's representation dated 27.03.2019. For Petitioner : Mr.K.G.Arunkumar For Respondent : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner wants to conduct the petition mentioned cultural programme. Since this is only a temple related event, the code of conduct that has come into force in connection with the parliamentary election will not apply.

3. The respondent is directed to permit the petitioner to conduct the said programme. It is open to the respondent to incorporate appropriate conditions except in regard to timings. This event customary takes place only during the night hours. Therefore, there will not be any restriction with regard to the timings. In respect of the other matters, the authority can always imposed appropriate conditions.

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4. Therefore, the order impugned in this writ petition is quashed and this Writ Petition is allowed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. SD ASSISTANT REGISTRAR ( T AND P ) TRUE COPY SUB ASSISTANT REGISTRAR (CS II) rmk To The Special Deputy Collector cum Assistant Election Officer, No.31, Sivagangai Parliament Constituency, Pudukkottai.

1CC TO MR. K.G. ARUNKUMAR,ADVOCATE SR 58729 1CC TO THE SPL GOVT PLEADER SR 58749 KK 4/4/2019 2P 4C W.P.(MD)No.7867 of 2019 03.04.2019 https://hcservices.ecourts.gov.in/hcservices/