P.Samiyath Thevar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.16253 of 2019 P.Samiyath Thevar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Sub Inspector of Police, Chinnakovilangulam Police Station, Chinnakovilangulam, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents Nos. 1 to 3 to grant permission to conduct the "Folk Song Programme" in Thankammalpuram, Tirunelveli District with the assistance of sound service on 30.07.2019 from 10.00 p.m to 1.00 a.m.

For Petitioner : Mr.V.Kathirvelu Senior counsel for Mrs.S.Ragaventhre For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to grant permission to conduct Folk Song Programme at Thankammalpuram, Tirunelveli District, on 30.07.2019 from 10.00 p.m to 01.00 a.m.

2. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. side), takes notice for the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

4. The grievance of the petitioner is that every year, the villagers are celebrating Kodai festival at North Maviliyuth Sri

Akkiri Malayammankovil, this year in the above festival, they are proposed to conduct Folk song Programme. Hence, the petitioner sent a representation to the third respondent, seeking for permission to conduct the folk song programme, so far no order has been passed by the third respondent Police, now the petitioner came to understand that the Police are restricting the time upto 10.00 p.m. only, in the said circumstances, the present Writ Petition has been filed seeking for permission to conduct the folk song program.

5. The learned Government Advocate (Crl. side) appearing for the respondents, submitted that as per the circular issued by the Deputy General of Police, the third respondent is restricting the permission upto 10.00 p.m., but, in the area in question, there is no law and order problem.

6. Considering the fact that the villagers are proposed to conduct the festival in the night time and also considering the fact that there is no law and order problem in that area, the third respondent is directed to grant permission to conduct the folk song programme on 30.07.2019 at Sri Akkini Malayammankovil, Thangammalpuram, Tirunelveli District, from 10.00 p.m. to 01.00 a.m., by imposing necessary conditions in order to maintain law and order.

7. Accordingly, the Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3.The Sub Inspector of Police, Chinnakovilangulam Police Station, Chinnakovilangulam, Tirunelveli District.

+1 cc Mr.K.PRABHU ,Advocate, SR.No. 77042 Order made in W.P.(MD)No.16253 of 2019 Dated 23.07.2019 TSG KK/SAR/25.07.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/