IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.727 of 2017 P.Gurusamy ... Petitioner Vs.
1. The District Collector, Erode District, Erode.
2. The Inspector of Police, Appakudal Police Station, Appakuda, Bhavani Taluk, Erode District. ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to give necessary protection for conducting the temple festival on the Arulmigu Sri Onkaliamman Thirukkovil, which is to be held on 12.1.2017 and 13.1.2017.
For Petitioner : Mr.R.Murugabharathi For Respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to give necessary protection for conducting the temple festival on the Arulmigu Sri Onkaliamman Thirukkovil, which is to be held on 12.1.2017 and 13.1.2017.
3. Learned counsel appearing for the petitioner submitted that the petitioner and the villagers of Sakthi Nagar, Bhavani Taluk have been conducting festival in Arulmigu Sri Onkaliamman Thirukkovil, every year. This year also, they have decided to conduct the festival. However, this year, one R.Periyasamy and P.Appasamy, along with rowdy elements, threatened the petitioner not to conduct the festival. Hence, the petitioner and the villagers approached the second respondent police seeking permission and seeking necessary protection for conducting the festival on 12.1.2017 and 13.1.2017. But, the second respondent has not passed any order on their request. Hence, the petition.
4. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that under the pretext of conducting temple festival, there is every possibility of conducting obscene dances. Further, he has submitted that if the petitioner undertakes that they would conduct only the temple festival and not Adal Padal program or any other obscene dances, necessary permission would be granted by the second respondent police. Learned counsel appearing for the petitioner has also submitted that the petitioner is ready to give such an undertaking.
5. In view of the said submission made by both the parties, the second respondent police is directed to provide adequate police protection for conducting the temple festival of Arulmigu Sri Onkaliamman Thirukkovil, Appakudal Village, Bhavani Taluk, Erode District, on 12.1.2017 and 13.1.2017, only on the undertaking given by the petitioner that they will not conduct any Adal Padal program or any other obscene dances during the festival. The writ petition is disposed of accordingly. No costs.
11.01.2017 Index:Yes/No sbi Note: Issue order copy today itself.
To
1. The District Collector, Erode District, Erode.
2. The Inspector of Police, Appakudal Police Station, Appakuda, Bhavani Taluk, Erode District.
R.MAHADEVAN, J sbi W.P.No.727 of 2017 DATED: 11.1.2017 http://www.judis.nic.in