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2017 DIGILAW 2668 (MAD)

Masilamani v. Superintendent of Police, Tirunelveli

2017-08-17

S.S.SUNDAR

body2017
ORDER : This Writ petition is filed for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the 2nd respondent made in his proceedings in Na.Ka.No.54/Se.Mu.Aa/U.Ka.Ka/Cherai/2017, dated 02.08.2017 and to quash the same consequentially direct the 3rd respondent to consider the petitioner's application, dated 24.07.2017 to give permission and adequate police protection to the programme scheduled on 21.08.2017 10.00 p.m to 03.00 a.m to 23.08.2017 10.00 p.m to 3.00 a.m for Villu Pattu and Karakattam programme and to use the sound service during the festival time from 10.00 p.m to 03.00 a.m within the campus of the temple at Arulmugu Mutharamman Thirukovil at Pulavankudiyiruppu Village, Cheranmahadevi Taluk, Tirunelveli District. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The learned counsel for the petitioner states that the petitioner is the President of temple Arulmigu Mutharamman Thirukovil at Pulavankudiyiruppu Village, Cheranmahadevi Taluk, Tirunelveli District. He further states that the villagers are used to celebrate temple festival in the month of Aadi for the past 30 years and people from all over Tamil Nadu is to assemble in the festival to receive the blessings of the deity and also fulfill their vow made to the deity and this year the festival is scheduled to be held on 21.08.2017 to 23.08.2017. Hence, the petitioner has approached the respondents for getting permission by his representation, dated 24.07.2017. Though the permission was granted by the second respondent in his proceedings in Na.Ka.No.54/Se.Mu.Aa/ U.Ka.Ka/Cherai/2017, dated 02.08.2017, the petitioner is aggrieved by the condition which reads as follows: xxxxx 4. Aggrieved by the specific time prescribed for the programme on all the three days, the petitioner has filed the above Writ petition and prayed the relief sought for. 5. The learned counsel for the petitioner submitted that the petitioner and the villagers have planned to conduct the programme on all the three days, the time limit between 9.00 a.m to 10.00 p.m is prohibitive especially having regard to the practice and customs of the villagers. 6. From the nature of the festival i.e. organized by the petitioner, one can see that the Kodai festival is celebrated mainly on 22.08.2017. It is only on 22.08.2017, the worshipper normally have the practice in performing the mid-night poojas and connected religious ceremonies to complete the Kodai festival. 6. From the nature of the festival i.e. organized by the petitioner, one can see that the Kodai festival is celebrated mainly on 22.08.2017. It is only on 22.08.2017, the worshipper normally have the practice in performing the mid-night poojas and connected religious ceremonies to complete the Kodai festival. Hence, the petitioner can be given some relaxation only for the programme on 22.08.2017. 7. Having regard to the facts narrated by the petitioner and the submissions of the learned Government Advocate, this Court is pleased to modify the first condition in the impugned order, dated 02.08.2017 passed by the second respondent. Hence, this Court is inclined to modify the order passed by the second respondent as below: ?the petitioner is granted permission to conduct any programme, which is non-religious between 9.00 a.m to 10.30 p.m on 21.08.2017 and on 23.08.2017. However, on 22.08.2017 the petitioner is permitted to conduct either non-religious or religious function upto 2.00 a.m on 23.08.2017?. 8. Except the above modification of the impugned order, dated 02.08.2017, rest of the conditions imposed by the second respondent in the impugned order will be intact. 9. Accordingly, this Writ petition is disposed of. No costs.