Krishnavel v. The District Collector - Cum- Returning Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Krishnavel ... Petitioner Vs.

1.The District Collector-cum-Returning Officer, Office of the Collector, Sivagangai District.

2.The District Collector-cum-Returning Officer, Office of the Collector, 3.The Superintendent of Police, Pudhukottai District, Pudhukottai.

4.The Assistant Election Officer, 181-Thirumayam, Parliamentary Constituency cum Head Quarters Deputy Tahsildar, 5.The Tahsildar, Ponnamaravathi Division, 1/5

6.The Deputy Superintendent of Police, Ponnamarvathi Division, 7.The Inspector of Police, Ponnamaravathi Taluk Police Station, Ponnamaravathi, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st, 2nd & 5th respondents to grant permission and protection for the temple festival, Valli Thirumana Drama, Sound service in the eve of Konnaiyur, Ponnamaravathi Taluk, Pudhukottai District on 26.03.2024 at about 1.00 pm to 27.03.2024, 5.00 am. On the basis of the representation given by the petitioner dated 08.03.2024 & 20.03.2024 within a time limit that may be stipulated by this Court.

For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.A.Kannan Government Advocate for R1, R2, R4 & R5 : Mr.A.Albert James Government Advocate (Crl.side) for R3, R6 & R7 2/5

ORDER

Heard both sides.

2. The petitioner wants to conduct the petition mentioned event. It is a religious festival. It is being annually conducted. It has no physical overtone. The 6th respondent is directed to issue No Objection Certificate for conducting the same. Based on the same, the petitioner shall approach the second respondent and the second respondent shall grant permission to the petitioner to celebrate the event. The second respondent can incorporate appropriate conditions so that the event passes off peacefully. The petitioner shall not install the cone-shaped loudspeaker. Decibel level should be within permissible limits. It is open to the second respondent to incorporate such conditions while granting permission.

3. The Writ Petition is allowed. No costs.

22.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi Note: Issue order copy on 22.03.2024.

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To 1.The District Collector-cum-Returning Officer, Office of the Collector, Sivagangai District.

2.The District Collector-cum-Returning Officer, Office of the Collector, 3.The Superintendent of Police, Pudhukottai District, Pudhukottai.

4.The Assistant Election Officer, 181-Thirumayam, Parliamentary Constituency cum Head Quarters Deputy Tahsildar, 5.The Tahsildar, Ponnamaravathi Division, 6.The Deputy Superintendent of Police, Ponnamarvathi Division, 7.The Inspector of Police, Ponnamaravathi Taluk Police Station, Ponnamaravathi, 4/5

G.R.SWAMINATHAN, J.

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