N.A.DEVARAJ Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner, to set aside the impugned order passed by the second respondent dated 11.02.2019 made in Na.Ka.No.09/C.Ka/E/2019, thereby rejecting permission to conduct the Aadal Padal programme to be held on 17.02.2019 during the night time at 06.00 P.M to 10.00 P.M on the eve of Arulmighu Bagavathi Amman Temple Kodai festival? situated in Nammagoundenpalayam, Sivagiri, Erode District, and quash the impugned order along with the consequential prayer for granting permission and an adequate police protection to conduct the Aadal Padal programme on 17.02.2019.

(2.) The petitioner averred that he along with the villages are belong to Nammagoundenpalayam, Sivagiri village and in their village, there is a temple called Arulmighu Bagavathi Amman temple. It is a rich heritage and ancient temple and for the past 12 years, they are celebrating kodai festival. During the temple festival, a cultural programme like Aadal padal programme is being conducted for the past 12 years in a peaceful manner without any law and order problem. Likewise, in this year also, Arulmighu Bagavathi Amman temple festival is scheduled for two days and there is a proposal to conduct Aadal padal programme on 17.02.2019 at about 06.00 P.M. to 10.00 P.M. Therefore, the petitioner submitted a representation to the second respondent, seeking permission to conduct Aadal padal programme on 17.02.2019. The second respondent, without considering the above circumstances, mechanically rejected permission to conduct Aadal padal programme for the reason that if they conduct Aadal padal programme, there will be a law and order problem. Hence, the present Criminal Original petition has been filed.

(3.) Heard the learned counsel appearing for the petitioner and the learned M.Mohamed Riyaz, Additional Public Prosecutor, appearing for the respondents.