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2023 Supreme(Mad) 1837

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
T. Manikandan – Appellant
Versus
The Superintendent of Police, Madurai & Another – Respondents
W.P(MD)No. 13267 of 2023
Decided On : 08-06-2023

Advocates appeared:
For the Petitioner:J. Jeyakumaran, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate(Crl.Side).

The court emphasized the importance of ensuring no law and order problems in granting permission for cultural programmes and required the petitioner to provide an undertaking affidavit to that effect.

Headnote:

Permission - Cultural Programme - The court directed the police to consider the petitioner's representation to conduct the children's programme immediately and grant permission, and directed the petitioner to give a fresh representation for the cultural programme with an undertaking affidavit ensuring no law and order problem is created.

Fact of the Case:

The writ petitioner sought permission to conduct children's and cultural dance programmes for a festival at a temple, which was initially rejected by the second respondent due to law and order concerns.

Finding of the Court:

The court directed the police to grant permission for the children's programme and instructed the petitioner to submit a fresh representation for the cultural programme with an undertaking affidavit.

Issues: Permission for conducting children's and cultural dance programmes for a temple festival, law and order concerns, rejection of representation by the second respondent.

Ratio Decidendi: The court considered the petitioner's undertaking to ensure no law and order problem and directed the police to grant permission for the children's programme, while requiring the petitioner to submit a fresh representation with an undertaking affidavit for the cultural programme.

Final Decision: The rejection order by the second respondent was set aside, and the writ petition was disposed of with directions for granting permission for the children's programme and submitting a fresh representation for the cultural programme.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.10/T.Kallupatti kaaval- Vattam-2023 dated 05.06.2023 and quash the same as illegal and consequently direct the second respondent to grant permission for conducting children''s dance programe on 08.06.2023 at 07.00 p.m and “Aadal Paadal(Dance Progamme)” on 10.06.2023 at about night 07.00 p.m to 11.00 p.m for two days, to celebrate the festival in “Arulmigu Sri Shakthi Kaliamman Temple” which is situated in Puliampatti Village, Peraiyur Taluk, Madurai District and consequently to give adequate police protection to the festival, on the basis of the petitioner''s representation dated 05.06.2023.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus,to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.10/T.Kallupatti kaaval-Vattam-2023 dated 05.06.2023 and quash the same as illegal and consequently direct the second respondent to grant permission for conducting children''s dance programe on 08.06.2023 at 07.00 p.m and “Aadal Paadal(Dance Progamme)” on 10.06.2023 at about night 07.00 p.m to 11.00 p.m for two days, to celebrate the festival in “Arulmigu Sri Shakthi Kaliamman Temple” which is situated in Puliampatti Village, Peraiyur Taluk, Madurai District and consequently to give adequate police protection to the festival, on the basis of the petitioner''s representation dated 05.06.2023.

2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents.

3. Heard both sides.

4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, Arulmigu Sri Shakthi Kaliamman Temple at Puliampatti Village, Peraiyur Taluk, Madurai District, is going to be held tomorrow 08.06.2023 and 10.06.2023. Subsequent to the same, in order to conduct a cultural programme on 08.06.2023 and 10.06.2023, they sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.

5. Perusal of impugned order shows that citing some law and order issue in the similar event in the nearby area, the representation that was made by the petitioner has been rejected.

6. The learned counsel for the petitioner submitted that the petitioner is practicing Advocate and also functioning as a Village President and he has also given an undertaking that he will takecare of the above said even that no law and order problem is created in the event.

7. The learned Government Advocate(Crl. Side) appearing for the respondent police submitted tha lot of police officials are deployed in the near village to control the law and order problem, on that ground only objection has been made. He further submitted that with regard to conduct the children''s programme he has no objection.

8. Let the Children''s programme may be conducted, of course with a permission of the second respondent. Therefore, the second respondent police is directed to consider the petitioner''s representation to conduct the children''s programme immediately and grant permission by deploying two men police from the police station to control and monitor the event. In sofar as the cultural programme(Aadal Paadal), which is scheduled to be held on 10.06.2023 is concerned, the petitioner has to wait.

9. The petitioner is hereby directed to give fresh representation to conduct the cultural programme (Aadal Padal) to the second respondent, with an undertaking affidavit ensuring that no law and order problem is created, after a period of two weeks from the date of receipt of a copy of this order. Based upon the above said

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