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Madras High CourtWP(MD)/10084/2022ordered

Arunachalam.G v. The District Collector

2022-05-19Honourable Mrs Justice T.V.Thamilselvi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI G.Arunachalam ... Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3. The Superintendent of Police, Tenkasi District, Tenkasi.

4. The State Represented by The Inspector of Police, Alangulam Police Station, Alangulam, Tenkasi District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents particularly the 4th respondent to consider the petitioner's representation dated 11.05.2022 and pass appropriate orders on merits and in accordance with law permitting us to celebrate Kodai Festival to the deity of Arulmighu Ramasamy Thirukovil, Nadu Poolankulam, Alangulam Taluk, Tenkasi District as per the direction of the Revenue Divisional Officer i.e., the second respondent made in Na.Ka.No.A2/100/2022 dated 07.05.2022 on 29.05.2022 to 31.05.2022 forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents particularly the 4th respondent to consider the petitioner's representation dated 11.05.2022 and pass appropriate orders on merits and in accordance with law permitting us to celebrate Kodai Festival to the deity of Arulmighu Ramasamy Thirukovil, Nadu Poolankulam, Alangulam Taluk, Tenkasi District as per the direction of the Revenue Divisional Officer i.e., the second respondent made in Na.Ka.No.A2/100/2022 dated 07.05.2022 on 1/3

29.05.2022 to 31.05.2022 forthwith.

2.Heard the learned counsel's on either side. 3.The petitioner's request for conducting the Kodai Festival has not been acted upon by the respondent police, which prompted the petitioner to file the present writ petition. 4.In identical circumstances, this Court had been granting permission to conduct festival events and similar cultural events, to various similarly placed petitioners. In the case of M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017, a Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioner, the ends of justice could be secured.

5. Accordingly, there shall be a direction to the respondent police herein to grant permission to the petitioner to conduct the Kodai Festival on 29.05.2022 to 31.05.2022 at Arulmighu Ramasamy Thirukovil, Nadu Poolankulam, Alangulam Taluk, Tenkasi District, between 8.00 a.m. and 11.00 p.m., subject to the following conditions:

'a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.

b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

c)The Kodai festival shall be restricted between 8.00 a.m. and 11.00 p.m.

d)If there is any violation of the above said conditions, the respondents or the duly authorised officer is entitled to take necessary action as per law and stop such performance.

e)In case if there is any discrepancy with regard to the date on which the program is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner.

f) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear their objections 2/3

and take a decision in accordance with the order passed by this Court.'

g) All the participants shall wear masks and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation. 6.With the above directions, this Writ Petition disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The District Collector, Tenkasi District,Tenkasi.

2. The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3. The Superintendent of Police, Tenkasi District, Tenkasi.

4. The Inspector of Police, Alangulam Police Station, Alangulam, Tenkasi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PALANIVELAYATHUM, Advocate ( SR-23802[F] dated 19/05/2022 ) WP(MD) No. 10084 of 2022 Date : 19/05/2022 RD(27.05.2022) 3P 7C 3/3