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Madras High CourtWP(MD)/8673/2024allowed

Eswaran. R v. The Deputy Superintendent Of Police

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

1 W.P.(MD)NO.8673 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.8673 of 2024 AND W.M.P(MD)No.7918 of 2024 R.Eswaran ... Petitioner Vs.

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

2. The Inspector of Police, Bodinayakkanur Taluk police station, Theni District.

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

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings in Na.Ka.No.3949/2024/E1-65 dated 29.03.2024 passed by the 3rd respondent and quash the same and consequently direct the respondents to grant permission and protection to conduct Karakattam programme on 23.04.2024 and Adal Padal programme on 24.04.2024 at 08.00 pm to 11.00pm in connection with Thiru Vizha of Arulmigu Sri Vadakkathi Kaliamman Thirukovil, Perumalgoundanpatty, Bodinayakkanur Taluk, Theni District.

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2 W.P.(MD)NO.8673 OF 2024 For Petitioner : Mr.R.Karthic Rajan For R-1 & R-2 : Mr.A.Albert James, Government Advocate.

For R-3 : Mr.T.Villavankothai, Additional Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner wants to conduct the cultural programmes on 23.04.2024 and 24.04.2024 from 8.00 pm to 11.00 pm in connection with the petition mentioned temple festival. The third 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. 2/4

3 W.P.(MD)NO.8673 OF 2024

4. In this view of the matter, the impugned proceedings are set aside insofar as clause 2 is concerned. The petitioner is permitted to conduct Karakattam programme on 23.04.2024 from 07.00 pm to 10.00 pm and Adal Padal programme on 24.04.2024 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.

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

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

2. The Inspector of Police, Bodinayakkanur Taluk police station, Theni District.

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

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4 W.P.(MD)NO.8673 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.8673 of 2024 04.04.2024 4/4