Rajavelu. V v. The Assistant Election Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8760 of 2024 and W.M.P.(MD)No.7999 of 2024 V.Rajavelu ... Petitioner Vs.

1.The Assistant Election Officer, Periyakulam, Theni District.

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

3.The Inspector of Police, Devadhanapatti Police Station, Theni District.

... 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.1500/2024/A2 dated 02.04.2024 passed by the first respondent and quash the same and consequently direct the first respondent to grant permission and protection for conducting Cultural Programme i.e., Adal Padal program 1/4

scheduled to be held on 13.04.2024 at 07.00 pm to 10.00 pm in connection with "Thiruvizha" at Arulmigu Sri Kaliamman Thirukovil at Sengulathuppatti, Periyakulam Taluk, Theni District. For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.T.Villavan Kothai Additional Government Pleader for R.1 Mr.A.Albert James Government Advocate (Criminal Side) for R.2 & R.3

ORDER

Heard both sides.

2.The petitioner wants to conduct the petition mentioned event on 12.04.2024 to 14.04.2024. The first respondent has written to the jurisdictional Deputy Superintendent of Police for granting the request. Yet the petitioner has come before this Court. It is because in the impugned communication, the petitioner has not been permitted to have Adal Padal program.

3.The jurisdictional Deputy Superintendent of Police / second respondent is directed to grant permission as sought for by the petitioner. The said proceedings will also permit the petitioner to have Adal Padal. 2/4

4. 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 p.m. Few other conditions have been stipulated in the said circular. 5.Without interfering with the impugned order, I direct the second respondent herein to permit the petitioner to have their temple event as planned by the petitioner. Of course, the petitioner has to adhere to the conditions that may be stipulated by the second respondent in consonance with the circular dated 01.06.2023 issued by the Director General of Police.

6.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 05.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 10.04.2024.

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G.R.SWAMINATHAN,J.

MGA To 1.The Assistant Election Officer, Periyakulam, Theni District.

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

3.The Inspector of Police, Devadhanapatti Police Station, Theni District.

W.P.(MD)No.8760 of 2024 and W.M.P.(MD)No.7999 of 2024 05.04.2024 4/4