T.MAHADEVAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Writ Petition has been filed for a Writ of Mandamus to direct the respondents police to grant permission to the petitioner to conduct the light music programme by an Orchestra troop for performing devotional songs between 7.00 p.m., and 10.00 p.m., on 17.03.2019 on the occasion of "Kamalar Ther Thiruvizha" at Vadaranyeswara samy temple festival at Theradi near Thiruvalangkadu, Thiruvallur District.

(2.) By consent, the writ petition itself is taken up for final disposal.

(3.) The petitioner averred that he along with the villages are belong to Thiruvalangadu Village and in their village, there is a temple called Vadaranyeswara samy temple. It is a rich heritage and ancient temple and for the past several years, they are celebrating Kamala Ther Thiruvizha during Panguni Uthiram. During the temple festival, a cultural programme like light music orchestra troop is being conducted for the past several years in a peaceful manner without any law and order problem. Likewise, in this year also, Kamala Ther Thiruvizha in Vadaranyeswara samy temple festival is scheduled on 17.03.2019 and there is a proposal to conduct orchestra troop for performing devotional songs on 17.03.2019 at about 07.00 p.m. Therefore, the petitioner submitted a representation to the second respondent, seeking permission to conduct light music orchestra troop on 17.03.2019. The second respondent, without considering the above circumstances, mechanically rejected permission to conduct light music orchestra troop for the reason that a case is already pending at D2 Police Station, Thiruvalangkadu, under Cr.No.52 of 2011, under Sections 147, 148, 294(b), 323, 307 of IPC. Hence, the present writ petition has been filed.