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2025 DAILYLAW 112421 (MAD)

A.MANOHARAN v. THE ASSISTANT COMMISSIONER

WP/7302/2025 · 2025-03-03

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.7302 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7302 of 2025 A.Manoharan ... Petitioner Vs. 1. The Assistant Commissioner, High Regligious and Charitable Endowment Department, Coimbatore District. 2. The Commissioner of Police, Coimbatore City, Coimbatore. 3. The Inspector of Police, E1 Police Station, Singanallur, Coimbatore District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second and third respondents to provide adequate police protection to the palalayam scheduled to be held on 07.04.2025 in the Arulmigu Mariyamman Temple situated at Singanallur Village, Coimbatore South, Coimbatore District Temple and ensure no interference from any 3rd parties by considering the representation of the petitioner dated 05.12.2024. https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 For Petitioner : Mr.V.S.Usharani For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) ORDER This writ petition has been filed seeking permission to conduct cultural programme in the event of palalayam scheduled to be held on 07.04.2025 in the Arulmigu Mariyamman Temple situated at Singanallur Village, Coimbatore South, Coimbatore District, the petitioner made a representation dated 05.12.2024 to the respondents. As the same has not been considered, the present Writ Petition has been filed. 2. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3. The learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem. Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, this petition is allowed and the petitioner is permitted to conduct palalayam scheduled to be held on 07.04.2025 in the Arulmigu Mariyamman Temple situated at Singanallur Village, Coimbatore South, Coimbatore District, however with the following conditions:- (a) The cultural programme in connection with the event of palalayam in the Arulmigu Mariyamman Temple situated at Singanallur Village, Coimbatore South, Coimbatore District shall be conducted on 07.04.2025 between 06.00 p.m. and 11.00 p.m. (b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further. (c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths. (e) No dance or songs, touching upon any political party or religion or community or caste shall be played. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The respondent is directed to issue necessary permission, incorporating the above conditions. 5. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. The uploaded copy can be utilised for the purpose of execution of the Order. 03.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Note : Issue order copy on or before 07.03.2025 rts https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 To 1. The Assistant Commissioner, High Regligious and Charitable Endowment Department, Coimbatore District. 2. The Commissioner of Police, Coimbatore City, Coimbatore. 3. The Inspector of Police, E1 Police Station, Singanallur, Coimbatore District. 4. The Public Prosecutor, Madras High Court, Chennai. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 G.K.ILANTHIRAIYAN, J. rts W.P.No.7302 of 2025 03.03.2025 https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 W.P.No.7302 of 2025 G.K.ILANTHIRAIYAN, J. Today, the matter is listed under the caption "for being mentioned" at the instance of the learned counsel for the petitioner. 2. The learned counsel for the petitioner has brought to the notice of this Court that in the order dated 03.03.2025 in W.P.No.7302 of 2025, in Paragraph No.4(a), the time has been erroneously stated as “6.00 p.m.” instead of “6.00 a.m”. 3. Accepting the submissions of the learned counsel for the petitioner, in Paragraph No.4(a) of the order dated 03.03.2025 in W.P.No.7302 of 2025, the time of the programme shall be read as “6.00 a.m.”. 4. Registry is directed to carry out necessary corrections in the order dated 03.03.2025 in W.P.No.7302 of 2025 and issue fresh order copy. 5. In all other aspects, the order dated dated 03.03.2025 in W.P.No.7302 of 2025 shall remain unaltered. 10.03.2025 Lpp https://www.mhc.tn.gov.in/judis W.P.No.7302 of 2025 G.K.ILANTHIRAIYAN, J. Lpp W.P.No.7302 of 2025 10.03.2025 https://www.mhc.tn.gov.in/judis