Madras High Court
Elumalai vs The Superintendent Of Police on 19 June, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
W.P.No.18146 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
W.P.No.18146 of 2023
Elumalai ... Petitioner
Vs.
1.The Superintendent of Police
Office of Superintendent of Police,
Viluppuram District.
2.The Inspector of Police,
Kottakuppam Police Station,
Kottakuppam,
Viluppuram District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue Writ of Certiorarified Mandamus, calling for all records pertaining to
the impugned order passed by the 2nd respondent in Order dated 14.06.2023
and quash the same and consequently directing the 2 nd respondent to give
permission to conduct the dance program at Shri Bilavadi Amman Temple
festival at Kilputhupattu village, Marakkanam Taluk, Villupuram District on
20.06.2023.
For Petitioner : Mr.A.Saranraj
For Respondents : Mr.Leonard Arul Joseph Selvam
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https://www.mhc.tn.gov.in/judis
W.P.No.18146 of 2023
Government Advocate (Crl side)
ORDER
This Criminal Original Petition has been filed calling for all records pertaining to the impugned order passed by the 2nd respondent in Order dated 14.06.2023 and quash the same and consequently directing the 2nd respondent to give permission to conduct the dance program at Shri Bilavadi Amman Temple festival at Kilputhupattu village, Marakkanam Taluk, Villupuram District on 20.06.2023.
2.The learned counsel for the petitioner submitted that petitioner gave a representation to the respondents seeking permission to conduct Adal Padal program during the celebration of temple festival of Shri Bilavadi Amman Temple, at Kilputhupattu Village, Marakkanam Taluk, Viluppuram district, scheduled on 20.06.2023. The Inspector of Police, Kottakuppam Police Station, Viluppuram district, while giving permission for conducting temple festival rejected the permission sought for conducting Adal Padal program for the reason that some persons would dance after consumption of alcohol and that would lead to law and order issue.
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3.It is the further submission of learned counsel for the petitioner that in the last twenty-five years, Adal Padal program being organized during the temple festival and so far no law and order issue was reported.
4.The learned Government Advocate (Criminal side) conceded that there was no law and order issue reported during the past temple festival.
5.Considered the rival submissions and perused the records.
6.It is seen from the submissions that petitioner's representation for conducting Adal Padal program during the temple festival of Shri Bilavadi Amman Temple, at Kilputhupattu Village, Marakkanam Taluk, Viluppuram district, scheduled on 20.06.2023 was rejected for the reason that, the second respondent, apprehended that some persons would dance after consumption of alcohol and that would lead to law and order problem. However, it is submitted that petitioner has been conducting Adal Padal program for the past twenty-five years and so far no law and order problem had been reported. The learned Government Advocate (Criminal side) also conceded that so far no law and order problem was reported during the temple festival. 3/7 https://www.mhc.tn.gov.in/judis W.P.No.18146 of 2023
7.In the light of the submission of learned counsel appearing for parties, this Court is of the view that mere apprehension by the second respondent that some person would consume alcohol and indulge in law and order problem is not a ground for rejecting the prayer sought for. Therefore, the proceedings of second respondent dated 14.06.2023, is set aside and this Writ Petition is allowed, giving direction to the second respondent to give permission for conducting Adal Padal program during the temple festival of Shri Bilavadi Amman Temple, at Kilputhupattu Village, Marakkanam Taluk, Viluppuram district, scheduled on 20.06.2023 and give necessary Police protection on payment of necessary charges with appropriate conditions. No costs.
19.06.2023 Index:Yes/No Speaking/Non speaking order ep Note: Issue order copy on 19.06.2023 4/7 https://www.mhc.tn.gov.in/judis W.P.No.18146 of 2023 To
1.The Superintendent of Police Office of Superintendent of Police, Viluppuram District.
2.The Inspector of Police, Kottakuppam Police Station, Kottakuppam, Viluppuram District.
3. The Public Prosecutor, High Court of Madras.
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