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DATED:14.08.2023

CORAM :THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

W.P.(MD)No.19653 of 2023

Introduction:

The case of Temple Trustee v. Superintendent of Police involves a writ petition filed under Article 226 of the Constitution of India, seeking the quashing of an order issued by the second respondent, the Inspector of Police of Thathayangarpettai Police Station in Trichy District. The petitioner, the Trustee of Arulmigu Sree Periyakkandi Amman Temple, is seeking permission to conduct an Adal Padal Dance Programme as part of the temple’s festival after 30 years. The case centers around the petitioner’s plea to overturn the impugned order and secure permission for the event.

Background:

The petitioner, acting as the Trustee of the temple, wishes to organize an Adal Padal Dance Programme as part of the festival scheduled to take place at the Arulmigu Sree Periyakkandi Amman Temple in Mangalam Village, Musiri Taluk, Trichy District. The petitioner’s contention is that this festival is being held after a span of 30 years, and they have planned the dance programme for August 15, 2023, between 7:00 p.m. and 10:00 p.m.

 

Court Proceedings:

The petitioner has approached the court seeking the quashing of an order passed by the second respondent on August 9, 2023, which seems to be related to the permission for conducting the Adal Padal Dance Programme. The petitioner’s lawyer argues that there have been no untoward incidents during similar events in the past. The Additional Public Prosecutor, representing the official respondents, also affirms that no negative incidents have been reported previously.

Issues Raised:

The central issue in this case revolves around the petitioner’s right to conduct the Adal Padal Dance Programme during the temple festival. The petitioner argues that the festival is a rare occurrence, happening after three decades, and seeks the court’s intervention to grant permission for the dance programme. The petitioner contends that since no previous adverse incidents have occurred during similar occasions, there is no reason to deny permission.

Court’s Analysis and Decision:

Justice C.V. Karthikeyan, presiding over the case, takes note of the fact that the temple festival is being held after a gap of 30 years and that no untoward incidents have taken place in the past during such events. Considering these factors and with the consent of both parties, the court decides to take up the case for final disposal.

The court holds that it is inclined to set aside the impugned order issued by the second respondent. It issues directions to the police to grant permission for the Adal Padal Dance Programme scheduled for August 15, 2023, along with other functions mentioned in the petitioner’s representation. The petitioner is further directed to provide an undertaking affidavit ensuring the smooth conduct of the programme.

Conclusion:

The case of Temple Trustee v. Superintendent of Police emphasizes the importance of balancing religious and cultural activities with security concerns. The court’s decision reflects a pragmatic approach, taking into account the rarity of the temple festival and the absence of previous incidents during similar events. By allowing the petitioner to conduct the dance programme while emphasizing responsibility, the court supports the petitioner’s right to celebrate their cultural heritage. This case analysis highlights the judiciary’s role in safeguarding the rights of religious institutions and individuals, while also considering public safety and order.

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Written by- Shreeya S Shekar

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