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2023 Supreme(Mad) 1786

G. R. SWAMINATHAN, S. SRIMATHY
Koottalumoodu Arulmigu Bhadreswari Devasthanam, Rep. by its Secretary Incharge, T. Thulasidhas, Painkulam – Appellant
Versus
District Collector, Kanykaumari, Nagercoil – Respondent


Advocates appeared:
For the Appellant:Ananth C. Rajesh, Advocate. For the Respondents: R. Suresh Kumar, Additional Government Pleader.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 27.04.2023, passed in W.P.(MD) No.8805 of 2023, on the file of this Court.)

1. This intra-court appeal is directed against the order dated 27.04.2023 made in W.P.(MD) No.8805 of 2023 filed by the appellant herein. The appellant is an ancient temple. There is a tradition of conducting display of fire works in the concluding session of “Chithirai Festival” after the temple flag is lowered. When the appellant filed the writ petition for directing the second respondent to grant such permission, the learned Judge by the impugned order stipulated a condition that permission may be granted for bursting of fire crackers between 09:00 p.m. and 10:00 p.m. on 09.05.2023. Aggrieved by the imposition of such condition, this writ appeal has been filed.

2. The learned Judge took note of the fact that during such display of fire works in the year 2015, one J.Jeban Sekar had died. The temple administration was directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as a matter of humanitarian gesture and without prejudice to the defence of the accused in the pending criminal case. Even though th

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