1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.5833 of 2011 C.Bose ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Superintendent of Police, Madurai, Madurai District. 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirumangalam, Madurai District. 4.The Inspector of Police, Kalligudi Police Station, Madurai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission and protection for Arulmigu Sri Pathirakali Pagavathyamman temple festival at Thoompakulam village, Thirumangalam Taluk, Madurai District on 10.06.2011 and for the "Aadal Padal dance" programme on the night of 10.06.2011 ( from 10 p.m. to 2 a.m.). For Petitioner : Mr.V.Maharajan For Respondents : Mr.M.Govindan, Special Government Pleader. O R D E R The prayer in the writ petition is to direct the respondents to grant permission and protection for Arulmigu Sri Pathirakali Pagavathyamman temple festival to be held on 10.06.2011 at Thoompakulam village, Thirumangalam Taluk, Madurai District and for the "Aadal Padal dance" programme on the night of 10.06.2011 from 10.00 p.m. to 2.00 a.m. https://hcservices.ecourts.gov.in/hcservices/ 2 2.On notice, learned Special Government Pleader has filed a detailed counter affidavit. In the counter affidavit, the respondents have categorically stated that the representation of the petitioner seeking permission for conducting the festival which was received only on 01.06.2011 and immediately they have rushed to this Court on 06.06.2011 by filing this writ petition. They have also stated that in the village such adal padal programme was not conducted previously. In fact, last year they have conducted festival along with drama only and not Adal Padal programme. They have further stated that there were criminal cases are pending in respect of incidents arising out of this Adal Padal programme in Villur, Mikudi, Chennampatti in Madurai District and also 107 proceedings are also pending and therefore, they have decided to ban the Adal Padal Programme in Madurai District. They further stated that they are not against in celebrating the festival and they are ready to give police protection to celebrate festival without Adal Padal Programme. 3.Heard the submissions made by the learned counsel on either side. 4.Today, when the matter was taken up, learned Special Government Pleader has filed a detailed counter affidavit stating that they have not conducted Adal Padal Programme in the festival and even last year have conducted only a drama along with the festival and because of this Adal Padal Programme, in certain areas, there is always difficulty and especially in Villur, Mikudi, Chennampatti in Madurai District, lot of cases are pending due to law and order problem and in Kallikudi Police Station Section 107 proceedings were initiated and in those circumstances, they have clearly stated that they have taken a decision to ban the Adal Padal Programme in Madurai District. Therefore, the permission sought for by the petitioner has already been rejected by the respondents. Once the application is rejected, it is only for the petitioner to challenge the same by suitable proceedings. In any way of the matter, the police has already stated that they are willing to give necessary police protection for the festival without adal padal programme, the festival is the foremost concern and temple worship is the main thing which is easily can be done. Therefore, merely because the adal padal programme is refused and especially taking into consideration the ground reality, the respondents have specifically stated that law and order problem will arise, it is not open for this Court to interfere at this stage. Hence, the writ petition is dismissed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Madurai District, Madurai. 2.The Superintendent of Police, Madurai, Madurai District. 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirumangalam, Madurai District. 4.The Inspector of Police, Kalligudi Police Station, Madurai District. +1cc to Mr.V.Maharajan, Advocate, Sr.No.17939 +one cc to Special Government Pleader, Sr.No.18169 Writ Petition (MD)No.5833 of 2011 10.06.2011 sms SMA/23.6.2011/7C/3P https://hcservices.ecourts.gov.in/hcservices/