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Madras High Court

Palpandi vs The Superintendent Of Police on 8 October, 2014

Author: M.Venugopal

Bench: M.Venugopal

       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.10.2014

CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL

W.P(MD)No.16566 of 2014

Palpandi                        .. Petitioner

         			   Vs.

1.The Superintendent of Police,
  Office of the Superintendent of Police,
  Madurai District.

2.The Inspector of Police,
  Peraiyur Police Station,
  Madurai District.

3.The Inspector of Police,
  Sedapatti Police Station
  Madurai 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 protection for Arulmigu Sri Chellandamman Temple at
Periyakattalai Village,  Peraiyur Taluk, Madurai District on 08.10.2014 and
for the 'Aadal Padal dance programme' on the night of 08.10.2014 and pass
such further or other orders.

!For Petitioner 	: No Appearance
^For Respondents   : Mr.V.Muruganandam,
		    Additional Government Pleader.


:ORDER

There is no representation on the side of the petitioner.

2.According to the petitioner, he is a member of Arulmigu Sri Chellandamman Temple Committee at Periyakattalai Village, Peraiyur Taluk, Madurai District. The said temple is an ancient temple for which 'Purattasi Festival' is celebrated during the month of October. The petitioner as one of the members of the Festival Committee of the temple, is entrusted with the task of performing the festivals.

3.It is the plea of the petitioner that the entire village people had given an unconditional undertaking for conducting the festival and also 'Aadal Padal Dance Programme'. The petitioner had approached the third respondent on 24.09.2014 seeking permission to stage programmes on the night of 08.10.2014. Till date, his representation has not met with a positive response from the concerned respondent. The said 'Aadal Padal Dance Programme' is scheduled to take place on the night of 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District. Many important persons drawn from various Departments like Police, Revenue and many V.I.Ps. and local officials would take part as special invitees, as seen from the averments made by the petitioner in paragraph No.6 of his affidavit. Moreover, in the 'Aadal Padal Dance Programme' scheduled to take place on the night of 08.10.2014, mostly patriotic and devotional songs would be sung. In regard to the conduct of the said programme, the petitioner had already paid advance amount for the dance troop, sound service and for stage decoration in anticipation of the permission from the respondents. Till date, the petitioner has not been given the permission by the respondents.

4.At this stage, the learned Additional Government Pleader appearing for the respondents 1 to 3, submits that the third respondent apprehends law and order problem, if the permission is granted by this Court for the conduct of 'Aadal Padal Dance Programme' on the night of 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District, because of the reason that nearby villagers drawn from different communities would take part in the said programme.

5.In view of the fact that the petitioner has sought permission from the third respondent on 24.09.2014 seeking permission to stage programme on the night of 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District, this Court, considering the fact that the villagers are desirous of conducting the temple festival and for which they seek permission and protection, directs the third respondent to grant permission to the petitioner in regard to the conduct of the 'Aadal Padal Dance Programme' on the night of 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District and to communicate the said decision to the petitioner today itself. It is open to the third respondent to impose necessary restrictions/ conditions in regard to the permission being granted for the 'Aadal Padal Dance Programme' to be held on 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District. It is made clear that if the entire programme which is to take place on the night of 08.10.2014 at Arulmigu Sri Chellandamman Temple at Periyakattalai Village, Peraiyur Taluk, Madurai District, is conducted against any public decency and decorum, then the second and third respondents shall step in without any hesitation M.VENUGOPAL, J.

smn whatsoever and to take appropriate action against the wrongdoers/errants in the manner known to law and in accordance with law.

6.With the aforesaid directions, the writ petition stands disposed of. No costs.

08.10.2014 Index : Yes Internet: Yes smn Note: Issue order copy on 08.10.2014.

To

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Peraiyur Police Station, Madurai District.

3.The Inspector of Police, Sedapatti Police Station Madurai District.

ORDER MADE IN W.P(MD)No.16566 of 2014