Velraj. K v. The Assistant Election Officer/District Supplies And Consumer Protection Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8500 of 2024 and W.M.P.(MD)No.7708 of 2024 K.Velraj ... Petitioner Vs.

1.The Assistant Election Officer / District Supplies and Consumer Protection Officer, Theni, 2.The Deputy Superintendent of Police, Bodinaickanur, 3.The Inspector of Police, Bodinaickanur Taluk Police Station, ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order in Na.Ka.No.3949/2024/E1-58 dated 28.03.2024 passed by the first respondent and quash the same and 1/4

consequently direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 03.04.2024 at 6.00 p.m to 10.00 p.m in connection with "Thiruvizha" at Arul Migu Sri Kaliamman Thirukovil at Ramakrishnapuram, Uthamapalayam Taluk, For Petitioner : Mr.V.Manikandan For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 Mr.A.Albert James Government Advocate (Criminal Side) for R.2 & R.3

O R D E R

Heard both sides.

2.The petitioner wants to conduct cultural program today (03.04.2024) from 06.00 p.m to 10.00 p.m. His request was rejected. Challenging the same, the present writ petition came to be filed. 3.It is stated in the affidavit filed in support of the writ petition that such events are held every year in connection with the temple festival. 2/4

Merely because parliamentary election are going to be held and model code of conduct was come into force. It cannot be a ground for refusing the permission. Clause - 2 set out in the proceedings dated 28.03.2024 issued by the first respondent is set aside. The petitioner can very well conduct the aforesaid cultural program. However, the petitioner must ensure that there is no obscene dance. Decibel levels should be kept within permissible limit. The entire program should be concluded within 10.00 p.m.

4.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 03.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note : Issue order copy on 03.04.2024.

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G.R.SWAMINATHAN,J.

MGA To 1.The Assistant Election Officer / District Supplies and Consumer Protection Officer, Theni, 2.The Deputy Superintendent of Police, Bodinaickanur, 3.The Inspector of Police, Bodinaickanur Taluk Police Station, W.P.(MD)No.8500 of 2024 and W.M.P.(MD)No.7708 of 2024 03.04.2024 4/4