This Writ Petition has been filed seeking for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to impugned order passed by the second respondent in his proceedings in Na.Ka.No.78/Se.Mu.Aa/U.Ka.Ka./Cherai/2017 dated 08.09.2017 and quash the same as illegal and consequently directing the second and third respondent to permit and to give police protection to conduct ?Naiyandi Melam & Annathanam? programme with enabling minimum level of sound service and also the statute of deity carried by a chariot scheduled on 17.09.2017 to 19.09.2017 from 07.00.p.m., to 04.00.a.m., at Arulmighu Athiyankulam Ayya Kovil at Athiyankulam, Ulagankulam Village, Cheranmahadevi Taluk, Tirunelveli District.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Naiyanid Melam & Annathanam? programme with enabling minimum level of sound service and also the statute of deity carried by a chariot scheduled on 17.09.2017 to 19.09.2017 from 07.00.p.m., to 04.00.a.m., at Arulmighu Athiyankulam Ayya Kovil at Athiyankulam, Ulagankulam Village, Cheranmahadevi Taluk, Tirunelveli District. He further submitted that in this connection, a representation was given to the second respondent on 08.09.2017, with a request to grant permission and protection to conduct the above said programmes on the above said dates. However, the second respondent police has passed the impugned order, dated 08.09.2017 giving permission to conduct the above said programmes with certain conditions.
3.The grievance of the petitioner is about the first condition in the impugned order wherein its stated as follows:
?1.xypbgUf;fpia fhiy 09.00 kzp Kjy; ,ut[ 10.00 kzp tiu kl;Lnk gad;gLj;j ntz;Lk;. mt;thW gad;gLj;Jk; nghJ bjhlh;r;rpahf 3 kzp neuj;jpw;F nky; gad;gLj;jf; TlhJ. rpy rpwg;g[ fhuzq;fis Kd;dpl;L 3 kzp neuk; vd;gJ jsh;j;jg;glyhk;.?
4.It is stated by the learned counsel for the petitioner that the cultural event after 10.30.p.m., may be permitted and that there cannot be any restriction for using the mike set or speakers continuously for a period of more than three hours. The learned counsel for the petitioner further submitted that for conducting any rituals or functions which are religious, there shall not be any restrictions.
5.Having regard to the facts and circumstances of the case and also considering the submission of the learned counsel for the petitioner, the condition regarding time restriction alone is modified so as to enable the petitioner to conduct ?Naiyandi Melam & Annathanam? and other programmes scheduled between 17.09.2017 and 19.09.2017 from 07.00.p.m., to 10.30.p.m., at Arulmighu Athiyankulam Ayya Kovil at Athiyankulam, Ulagankulam Village, Cheranmahadevi Taluk, Tirunelveli District and the petitioner is permitted to use only speaker boxes instead of using cone speakers, so that there may not be any noise pollution in night hours. With the above modification of condition and direction, this Writ Petition is disposed of. No costs.
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Additional Superintendent of Police, Prohibition and Enforcement in Liquor, Division ? II, (Now in charge of Cheranmahadevi Division) Cheranmahadevi Division, Tirunelveli District.
3.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.
.