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Madras High CourtWP(MD)/6809/2016disposed of

S.Ramar, v. Sankarankovil (Reserve)

2016-04-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.6809 of 2016 and W.M.P.(MD).No.5862 of 2016 S.Ramar

...Petitioner

-vs1. Sankarankovil (Reserve) Assembly, Constituency Election Officer cum Assistant Commissioner (Exercise), Tirunelveli, Tirunelveli District.

2. The Sub Inspector of Police, Senthamaram Police Station, Kadayanallur Taluk, Tirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the impugned order as made in Na.Ka.X2/58201/2016 dated 29.03.2016 passed by the first respondent and quash in relation to the rejection of permission for performing Villisai Katcheri on 08.04.2016 and subsequently playing a drama under the name of "Oru Ooril" on 09.04.2016 and using of Chendai Melam in the Kodai festival to the deity on 09.04.2016 and consequently direct the first respondent to grant permission for the said events on the said dates forthwith during the celebration of kodai festival to the deity by name Arulmighu Karkuvel Ayyanar Thirukovil at Ventrilingapuram, Sankarankovil Taluk, Tirunelvelu District.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This writ petition has been filed for a Writ of Certiorarified Mandamus to call for the impugned order as made in Na.Ka.X2/58201/2016 dated 29.03.2016 passed by the first respondent and quash in relation to the rejection of permission for performing Villisai Katcheri on 08.04.2016 and subsequently playing a drama under the name of "Oru Ooril" on 09.04.2016 and using of Chendai Melam in the Kodai festival to the deity on 09.04.2016 and consequently direct the first respondent to grant permission for the said events on the said dates forthwith during the celebration of kodai festival to the deity by name Arulmighu Karkuvel Ayyanar Thirukovil at Ventrilingapuram, Sankarankovil Taluk, Tirunelvelu District.

https://hcservices.ecourts.gov.in/hcservices/

2. It appears that the petitioner had made an application dated 28.03.2016 to the first respondent seeking permission to conduct Kodai

festival at Arulmighu Karkuvel Ayyanar Thirukovil, Ventrilingapuram, Sankarankovil Taluk, Tirunelvelu District, on which the first respondent has passed an order permitting the petitioner to celebrate the temple festival till 10.00 p.m., but has denied permission for staging a drama title "Oru Ooril. On reading the impugned order, the Returning Officer has not given any reasons for denying permission for the petitioner to stage the play. The returning Officer has not stated that there will be law and order problem, if the said play is staged.

3. Under such circumstances, this Court directs the returning Officer to grant permission to the petitioner to stage the drama title "Oru Ooril" before 10.00 p.m. on 09.04.2016. If the play has any political colour, it is open to the respondent police to intervene and stop the programme.

4. with the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To

1. Sankarankovil (Reserve) Assembly, Constituency Election Officer cum Assistant Commissioner (Exercise), Tirunelveli, Tirunelveli District.

2. The Sub Inspector of Police, Senthamaram Police Station, Kadayanallur Taluk, Tirunelveli District.

+1cc to M/s.S.Palanivelayutham, Advocate in SR.19419 +1cc to the Special Government Pleader, in SR.19671 W.P.(MD)No.6809 of 2016 06.04.2016 akv PBK/SK-SKN/SAR-I 07/04/2016 ::2P-5C:: (IT) https://hcservices.ecourts.gov.in/hcservices/