Jeganathan v. The Assistant Election Officer Cum Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7947 of 2024 Jeganathan ... Petitioner Vs.

1.The Assistant Election Officer cum Revenue Divisional Officer, Thirumangalam, Madurai District.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai 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 the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.1015(127)/2024 /E1 dated 02.04.2024 and quash the same as illegal and consequently direct the respondents to grant necessary permission and provide adequate police protection for conducting the Adal Padal Program on 10.04.2024 at about 07.00 P.M. to 10.00 P.M. as part of temple festival of Arulmighu Shri Mariamman and Kaliyamman temple function at S.Melapatti Village, Peraiyur Taluk, Madurai District.

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For Petitioner : Mr.K.Sivabalan For Respondents : Mr.N.G.A.Nataraj Government Advocate for R1 : Mr.A.Albert James Government Advocate (Crl.side) for R2 & R3

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 Election Officer, Madurai 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 3 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.

05.04.2024 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 05.04.2024 To 1.The Assistant Election Officer cum Revenue Divisional Officer, Thirumangalam, Madurai District.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai District.

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G.R.SWAMINATHAN, J.

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