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Madras High CourtWP(MD)/16443/2017dismissed

M.Anbarasan, v. The Superintendent Of Police

2017-08-31Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.16443 of 2017 M.Anbarasan ... Petitioner -Vs1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Devathanampatti Police Station, Theni District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and necessary police protection to perform the cultural programme(i.e.) Adal Padal Dance Programme on 03.09.2017 at 07.00 p.m., to 11.00 p.m., in the festival of Arulmighu Sri ManjalNathimariamman Thirukovil Thiruvizha at Ganguvarpatti, Periyakulam Taluk, Theni District. For Petitioner : Mr.V.Manikandan For Respondents : Mr.S.Sadhish Kumar, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents to grant permission and necessary police protection to perform the cultural programme (i.e.)Adal Padal Dance Programme on 03.09.2017 at 07.00 pm to 11.00 pm in the festival of Arulmighu Sri ManjalNathimariamman Thirukovil Thiruvizha at Ganguvarpatti, Periyakulam taluk, Theni District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned Additional Government Pleader produced a communication which he has received from the second respondent/Inspector of Police, Devathanampatti Police Station, Theni District. In the said communication, it is clearly stated https://hcservices.ecourts.gov.in/hcservices/

that the programme "Adal Padal" was not organized by the persons who are in-charge of administration of the temple. Since the cultural event is independently organized by some persons who are not related to the temple, it is stated that there is likely hood of law and order problem. Further, it is pointed out that the petitioner has applied for permission without consulting the festival committee of the village.

4. In the said circumstances, the second respondent/Inspector of Police has raised various objections apart from pointing out several instances of First Information Reports about communal clashes. Any temple festival will be the collective decision of the villagers, similarly, every cultural event in relation to the temple can be permitted only if the cultural event is also organized and conducted by the persons who are in the realm of the administration of the temple. Since it is stated that the petitioner is the third party and that he is not permitted to organise the cultural event by the persons who are in-charge of the administration of the temple, he cannot be permitted. 5.Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Devathanampatti Police Station, Theni District.

+1cc to M/S.Special Government Pleader,SR. 76097 W.P.(MD) No.16443 of 2017 31.08.2017 PMU KK/SKN RSK/SAR 1/12.09.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/