Thirupathiselvam v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7438 of 2024 Thirupathiselvam ... Petitioner Vs.

1.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

3.The Assistant Election Officer, Bodinayakanur, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No. 3949/204/E1-39 dated 22.03.2024 and quash the same and direct the 3rd respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 10.04.2024 at 07.00 PM to 10.00 PM in the evening of Arulmigu Kaleeswari Kovil Thiruvizha at Seelaiyampatti, Chinnamanoor, Theni District.

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For Petitioner : Mr.J.Krishna Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R3 : Mr.A.Albert James Government Advocate (Crl.side) for R1 & R2

ORDER

Heard both sides.

2. The petitioner wants to conduct the cultural programme on 10.04.2024 from 7.00 pm to 10.00 pm in connection with the petition mentioned temple festival. The Assistant Returning Officer, Bodinayakanur has rejected the said request. Challenging the same, this writ petition has been filed.

3. My attention has been drawn to the circular memorandum dated 01.06.2023 issued by the Director General of Police. There is no prohibition for conducting such cultural programmes. The only restriction is that there should not be any obscene display or dance and that programmes should not extend beyond 10.00 pm. Few other conditions have been stipulated in the said circular.

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4. In this view of the matter, the impugned proceedings are set aside insofar as clause 2 is concerned. The petitioner is permitted to have adal padal event on 10.04.2024 from 07.00 pm to 10.00 pm. The petitioner has to adhere to the conditions stipulated in the circular on 01.06.2023. The circular shall form part of the order. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

02.04.2024 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 03.04.2024 To 1.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

3.The Assistant Election Officer, Bodinayakanur, Theni District.

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G.R.SWAMINATHAN, J.

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