SUPERINTENDING ARCHAEOLOGIST Vs. KUDAIVARAI KOVIL THIRUMALPURAM AND ORS

JUDGEMENT

(1.) The question that has fallen for consideration in this appeal is whether the restriction imposed by the Archaeological Department for the celebration of "Mahasivarathiri" in Kudaivarai Kovil/Two Rock Cut Temple, Thirumalpuram, to the public from sunrise to sunset is legally sustainable.

(2.) This Writ Appeal arises out of the order made in W.P.(MD) No.1405 of 2009, dated 11.02.2010 whereby the learned single Judge permitted the petitioner to celebrate "Mahasivarathiri" during night hours and directed the Deputy Superintendent of Police, Puliyangudi to provide necessary police protection for the smooth conduct of the festival.

(3.) Brief facts which are necessary to decide the issue involved in this appeal are as follows: