Chinna Andi. S v. The Assistant Election Officer / Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Chinna Andi ... Petitioner Vs.

1.The Assistant Election Officer / Revenue Divisional Officer, Uthamapalayam, Theni District.

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

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

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order in Na.Ka.No.363/2024/A7 dated 01.04.2024 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 13.04.2024 at 07.00 pm to 10.00 pm in connection with Thiruvizha at Arulmigu Sri Kaliamman, Sri Karuppasamy, Sri Vinayagar Thirukovil, at M.Duraisamypuram, Uthamapalayam Taluk, Theni District. 1/4

For Petitioner : Mr.V.Manikandan For Respondents : Mr.T.Villavankothai Addl. Government Pleader for R1.

Mr.Albert James, Govt. Advocate (Crl. Side) for R2 & R3.

ORDER

Heard both sides.

2. The petitioner wants to conduct the cultural programme on 13.04.2024 from 7.00 pm to 10.00 pm in connection with the petition mentioned temple festival. The Assistant Election Officer, Uthamapalayam 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 5 is concerned. The petitioner is permitted to have adal padal event on 13.04.2024 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. 08.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 08.04.2024.

To:- 1.The Assistant Election Officer / Revenue Divisional Officer, Uthamapalayam, Theni District.

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

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

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G.R.SWAMINATHAN, J.

ias 08.04.2024 4/4