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Madras High CourtWP(MD)/8607/2024allowed

Kanagaraj. P v. The Assistant Election Officer / District Supplies And Consumer Protection Officer

2024-04-04Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.8607 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8607 of 2024 AND W.M.P.(MD)No.7887 of 2024 P.Kanagaraj ... Petitioner Vs.

1. The Assistant Election Officer / District Supplies and Consumer Protection Officer, Theni, Theni District.

2. The Deputy Superintendent of Police, Theni, Theni District.

3. The Sub Inspector of Police, Veerapandi police station, Theni District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order in Na.Ka.No. 3949/2024/E1-43 dated 23.03.2024 passed by the 1st respondent and quash the same and consequently direct the respondents to grant permission and protection for conducting cultural programme i.e Adal Padal program scheduled to be held on 08.04.2024 at 7.00 PM to 10.00 PM in connection with Thiruvizha at Pattalamman Kovil at Savalapatti, Theni Taluk, Theni District.

For Petitioner : Mr.V.Manikandan For R-1 : Mr.K.Balasubramanian, Special Government Pleader.

For R-2 & R-3 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.8607 OF 2024

O R D E R

Heard both sides.

2. The petitioner wants to conduct the cultural programme on 08.04.2024 from 7.00 pm to 10.00 pm in connection with the petition mentioned temple festival. The first respondent 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.

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 08.04.2024 from 07.00 pm to 10.00 pm. The petitioner has to adhere to the conditions stipulated in the circular on 2/4

3 W.P.(MD)NO.8607 OF 2024 01.06.2023. The circular shall form part of the order. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

04.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Assistant Election Officer / District Supplies and Consumer Protection Officer, Theni, Theni District.

2. The Deputy Superintendent of Police, Theni, Theni District.

3. The Sub Inspector of Police, Veerapandi police station, Theni District.

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4 W.P.(MD)NO.8607 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.8607 of 2024 04.04.2024 4/4