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Madras High CourtWP(MD)/9980/2018allowed

Thirumalaiappan, v. The District Superintendent

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 9980 of 2018 and W.M.P.(MD)No.9126 of 2018 Thirumalaiappan, The Secretary Kaakkum Perumkal Sastha and Arulmigu Sudalai Mada Sawmy Kovil Welfare Association, Belonging to 141 Villages Senaithalaivar Community heirs, Kovil Campus, Alvarkurichi-627412, Ambasamudharam-Taluk, Tirunelveli District.

... Petitioner -Vs1.The District Superintendent of Police,(Rural) Tirunelveli District.

2.The Sub-Inspector of Police, Alvarkurichi Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order of the respondent dated 12.04.2018 and quash the same as illegal and void and thereby directing the second respondent to grant permission and protection for Vilisaipattu program scheduled to be held on 07.05.2018 and 08.05.2018 at 10.00 pm to 02.30 am., in the Arulmigu Sri Kaakkum Perumal Sastha and Sudalai Maadaswamy Kovil at Idikal, Ambasamutharam Taluk, Main Road, Tirunelveli District by considering the petitioner's representation dated 12.04.2018. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.P.Kannidevan Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2.The petitioner wants to conduct the traditional Villisai Pattu program on 07.05.2018 and 08.05.2018. The usual restrictions with regard to concluding the program by 10.00 pm, cannot apply in this case. In this regard, the programme is being traditionally organized. That apart, the program is conducted only within the temple campus and the temple is situated 1km away from the main https://hcservices.ecourts.gov.in/hcservices/

village. Therefore, the impugned order dated 12.04.2018 is quashed. The second respondent is directed to grant permission to the petitioner as sought for in this Writ Petition. 3.With the above direction the Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

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

2.The Sub-Inspector of Police, Alvarkurichi Police Station, Tirunelveli District.

+1cc to M/S.F.X.Eugene, Advocate SR.No. 64315 W.P.(MD) No. 9980 of 2018 27.04.2018 rmk/ls JM/SV MMS/SAR 4/28.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/