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2014 DIGILAW 3690 (MAD)

C. Seralathan v. Superintendent of Police, Theni

2014-10-08

M.VENUGOPAL

body2014
JUDGMENT M. VENUGOPAL, J. 1. The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order passed by this Court in directing the Second and Third Respondents to grant permission to perform cultural programme of Adal Padal on 9/10/2014 between 06.00 p.m. and 10.00 p.m. in connection with Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District. 2. According to the Petitioner, Arulmighu Manthaiamman Temple in Ward No. 13, K.K. Colony, Gudalure, Theni District is celebrating Purattasi Festival in the month of October and many devotees in and around the area and from various other parts of the State will come and worship the deity. The said Purattasi Festival is to be held on 8/10/2014 and 9/10/2014 respectively. 3. The Learned Counsel for the Petitioner contends that every year various cultural programmes were conducted by the youth of Pudur, Gudalure and they are guided by the elders and programme was prepared well in advance. At this stage, the Learned Counsel for the Petitioner brings it to the notice of this Court that there will not be any indecent programme of Adal Padal on 9/10/2014 between 06.00 p.m. and 10.00 p.m. in connection with Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District. Further, the dance programme would be viewed and enjoyed by various sections of the community like children, elders and senior citizens of Pudur, Gudalure. 4. The Learned Counsel for the Petitioner contends that the Petitioner being the President of the celebration Committee, represented to the Second Respondent/Inspector of Police (In-charge), Gudalure South Police Station, Gudalure, Theni District, orally to grant them permission during past occasions and in the present time also. However, the Learned Counsel for the Petitioner proceeds to state that the Petitioner as celebration Committee gave a letter dated 30/9/2014, seeking permission from the Third Respondent in regard to the conduct of Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District. But the same was rejected by the Third Respondent on the ground that there is a possibility of arising of law and order problem and also, in the public interest. 5. But the same was rejected by the Third Respondent on the ground that there is a possibility of arising of law and order problem and also, in the public interest. 5. In effect, the stand taken on behalf of the Petitioner is that the Third Respondent has passed the refusal order in denying permission on 6/10/2014 and the same is unsustainable in the eye of Law. 6. Per contra, it is the submission of the Learned Additional Government Pleader appearing for the Respondents that the Third Respondent has denied permission based on the reason that one person died within the jurisdiction of Gudalure North Police Station and a case was registered in crime No. 2533 of 2012 under Section 302 of I.P.C. and the same is under investigation. 7. Hence, this Court may not grant permission to the Petitioner to verify the cultural programme of Adal Padal on 9/10/2014 between 06.00 p.m. and 10.00 p.m. in connection with Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District. 8. Countering the submission made by the Learned Additional Government Pleader appearing for the Respondents, the Learned Counsel for the Petitioner by means of reply submits that Adal Padal programme in connection with Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District, is scheduled to be held on 9/10/2014 between 06.00 p.m. and 10.00 p.m. and as such, the murder case registered by the Police in Gudalure North Police Station in Crime No. 253 of 2012 has no bearing on Gudalure South Police Station limits. 9. 9. On a careful consideration of respective contentions and in view of the fact that Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District is worshipped by numerous devotees drawing people from various sections of the Society within the discretion of Religion, Caste or Class and also this Court taking note of an important fact that the present Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District scheduled to be held on 9/10/2014 is an opportunity of social gathering which may provide healthy relationship among the general public of Pudur, Gudalure and added further, the said festival was conducted during the last 10 years as informed by the Learned Counsel for the Petitioner, this Court to prevent an aberration of Justice and also based on Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Second and Third Respondents to grant permission to the Petitioner to perform the cultural programme of Adal Padal on 9/10/2014 between 06.00 p.m. and 10.00 p.m. at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District today itself and it is open to the Respondents especially the Second and Third Respondents to impose necessary instructions for the conduct of Purattasi Festival in issue and the same may be intimated to the Petitioner today itself. It is made clear that during Purattasi Festival at Arulmighu Manthaiamman Kovil in Ward No. 13, K.K. Colony, Gudalure, Theni District on 9/10/2014 between 06.00 p.m. and 10.00 p.m. if any indecent cultural programme is conducted by the organiser of the festival, then, the Respondents without any hesitation, whatsoever are directed to step in and take stringent action against the wrong doers in the manner known to law and in accordance with law. 10. With the aforesaid directions, the said Writ Petition stands disposed of. No costs.