E.Nambi, S/O.Esakkimuthu, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.8890 of 2017 E.Nambi ... Petitioner vs.

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

2.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd Respondent to grant permission and necessary protection to perform the Innisai Katcheri on 17.05.2017 at 08.00 pm in the eve of "Arul Mighu Sri Ariyamuthu Amman Temple" "Kodai Vizha" at Valliyoor, Tirunelveli District by considering the Petitioner's representation dated 07.05.2017. For Petitioner : Mr.K.Sudalaiyandai For Respondents : Mr.V.Muruganandhan, Additional Government Pleader

ORDER

(Order of the Court was made by T.RAJA,J) This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the 2nd Respondent to grant permission and necessary protection to perform the "Innisai Katcheri" on 17.05.2017 at 08.00 pm in the eve of Arul Mighu Sri Ariyamuthu Amman Temple, Kodai Vizha at Valliyoor, Tirunelveli District by considering the Petitioner's representation dated 07.05.2017. 2.

Learned counsel for the petitioner submitted that the "Kodai Vizha" of the said temple is scheduled to be held from

15.05.2017 to 17.05.2017. The petitioner and Village Committee members have decided to conduct "Innisai Katcheri" on 17.05.2017, in Valliyoor, Tirunelveli District in connection with the Kodai Vizha of Arul Mighu Sri Ariyamuthu Amman Temple, therefore, the petitioner submitted a representation, dated 07.05.2017 to the 2nd respondent, requesting him to grant permission therefor. Since no order has been passed on the said representation, the petitioner has filed the present writ petition, for the above mentioned relief.

3.

Learned Additional Government Pleader who takes notice for the respondents, submitted that the respondents have no serious objection to grant permission to conduct "Innisai Katcheri" in Valliyoor, Tirunelveli District in connection with the Kodai Vizha of Arul Mighu Sri Ariyamuthu Amman Temple. His submission is placed on record.

4.

Considering the submissions made on either side, this Court passes the following order:- "The 2nd respondent is directed to grant permission to the petitioner to conduct "Innisai Katcheri" in Valliyoor, Tirunelveli District in connection with the Kodai Vizha of Arul Mighu Sri Ariyamuthu Amman Temple, subject to the following conditions:

i)The event shall be conducted in an organised and peaceful manner without causing law and order problem. ii)There shall not be any songs conveying obscene and double meaning played.

iii)The musical concert / Innisai Katcheri shall be restricted between 6.00 p.m and 11.00 p.m. on 17.05.2017. iv)If there is any violation of the above said conditions, the 2nd respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance.

5.

With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar/ Vacation Officer /TRUE COPY/ Sub Assistant Registrar

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

2.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

+1cc to M/s.K.Sudalaiyandi Advocate SR.No.56218 +1cc to special Government Pleader SR.No.56345 gk/gcg sm:RSK:SAR 3:12.5.2017:3p/5c W.P(MD)No.8890 of 2017