M. SUDALAIYANDI Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition has been filed to quash the impugned order passed by the second respondent dated 19.01.2018 in so far as the restriction of time limit of conducting Innisai Katcheri and cultural programme upto 10.00 pm., on 25.01.2018 and consequently to direct the second respondent to extend the time limit for celebrating the temple festival upto 03.30 am., on 26.01.2018 as per the petitioner's festival schedule in connection with the temple festival of "Arul Mighu Ramalingasamy Udanurai Sivagamiammal Sri Nambi Singaperumal Thirukovil" at Panagudi, Tirunelveli District.

(2.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first and second respondents.

(3.) The learned counsel appearing for the petitioner has submitted that the Executive Officer of the Hindu Religious and Charitable Endowments Department has passed an order granting permission to Yadavar community people to celebrate the function in the said temple on 25.01.2018 and on behalf of the said community, the petitioner has submitted a representation before the respondents and since no order has been passed on the said representation, the petitioner has filed W.P.(MD).No. 567 of 2018 before this Court. He further submitted that this court, by an order dated 11.01.2018, directed the respondents to consider the representation submitted by the petitioner dated 03.01.2018 and pass appropriate orders on or before 24.01.2018. He further submitted that the second respondent, citing the judgment of the Honourable Supreme Court of India reported in Church of God (Full Gospel) in India v. K.K.R. Magestic Colony Welfare Association and Others, [(2000) 7 SCC 282] and also Rule 5 of Noise Pollution (Regulation and Control), Rules, 2000, granted permission to the petitioner to complete all the programmes before 10.00 p.m. He further submitted that this Court has already granted permission in W.P.(MD).No.1009 of 2018, dated 19.01.2018, for celebrating the function even beyond 10.00 p.m on 22.01.2018 for another person namely A. Sundaram and hence, the same kind of order may be passed in this petition also.