Nethiranandham, v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.16250 of 2018 Nethiranandham ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City.

... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to give proper permission and protection for Arulmigu Kattikulam Sootukole Ramalinga Swamy's 99th effort festival at abode of monks in Arulmigu Kattikulam Sootukole Ramalinga Swamy, Vandiyur, Madurai District and Sathiya Harichandra Mythological Nadagam on 30.07.2018 at about 10.00 p.m. to 6.00 a.m., on the basis of last year order passed by this Court in W.P.(MD)No.13986 of 2017 dated 28.07.2017. For Petitioner : Mr.R.Udayakumar For Respondents : Mr.M.Rajarajan, G.A.

ORDER

(Order of the Court was made by C.T.SELVAM,J.) By consent, Writ Petition itself, is taken up for final disposal.

2.Mr.M.Rajarajan, Learned Government Advocate takes notice for respondents.

3.This Writ petitioner seeks issuance of a Writ of Mandamus, directing the 2nd respondent to give permission and protection for Arulmigu Kattikulam Sootukole Ramalinga Swamy's 99th effort festival at abode of monks in Arulmigu Kattikulam Sootukole Ramalinga Swamy, Vandiyur, Madurai District and Sathiya Harichandra Mythological Nadagam on 30.07.2018 between 10.00 p.m. to 6.00 a.m., on the basis of the order passed by this Court in W.P.(MD)No.13986 of 2017 dated 28.07.2017.

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4.Learned counsel for petitioner submits that this Court under Order in W.P.(MD)No.13986 of 2017 dated 28.07.2017 had accorded such permission and none have objected nor had untoward incidents taken place on the earlier occasion and as such, this Court may pass similar orders.

5.Learned Government Advocate submits that there has been no untoward incident last year, but expresses concern regarding noise levels informing that the area now falls within city limits. 6.Considering the rival submissions, we direct the second respondent to grant permission for conducting the 99th Anniversary of Arulmigu Kattikulam Sootukole Ramalinga Swamy's at Arulmigu Kattikulam Sootukole Ramalinga Swamy's Madalayam, Vandiyur, Madurai District and also enact Sathiya Harichandra Mythological Nadagam on 30.07.2018 from 10.00 p.m. to 6.00 a.m. It is open to the second respondent to stipulate such conditions as are necessary to maintain law and order and avoid inconvenience to the general public and ensure adherence to noise decimal level norms. Accordingly, this Writ petition shall stand disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City.

+1cc to M/S.R.Udayakumar, Advocate SR.No. 75390 +1cc to Special Government Pleader, SR.No. 75389 W.P.(MD)No.16250 of 2018 27.07.2018 nbj JM/SV/SAR 2/30.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/