V.Palaniappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.02.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.3111 of 2019 V.Palaniappan .. Petitioner Vs.

1.The Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, Suramangalam Police Station, Salem Town, Salem District.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give permission to conduct the cultural programme on 08.02.2019 in the event of Arulmigu Mariamman, Vinayagar, Kaliamman Koil, Jahir Reddipatti, Salem on the petitioner's representation dated 28.01.2019. For Petitioner : Mr.R.Gopinath For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the respondents to give permission to conduct the cultural programme on 08.02.2019 in the event of Arulmigu Mariamman, Vinayagar, Kaliamman Koil, Jahir Reddipatti, Salem on his representation dated 28.01.2019.

3. Earlier, this Court had granted permission to the similarly placed persons to conduct Adal Padal Cultural Programme by imposing stringent conditions. In this regard, the learned Special Government Pleader appearing for the respondents produced a Circular Memorandum in Rc.No.159539/Crime.4(3)/2018 dated 30.10.2018, in which, instructions are given to all Commissioners of Police in Cities and all the Superintendents of Police in Districts to ensure that the order of the High Court is communicated to all the Inspectors/Station House Officers under their control and the directions are implemented without any deviation. The Memorandum further states that the Inspectors/Station House Officers concerned should get an undertaking from the petitioners/Organizers at the time of granting permission to the said Adal Padal Cultural Programmes and also to get an assurance from the organizers that there will not be any obscenity or vulgarity in the cultural programme and there will not be any disturbance to the public peace and tranquility.

4. As already the Director General of Police has authorised the Inspectors/Station House Officers in this regard to take appropriate decision considering the ground reality in any particular area/locality pursuant to the orders of this Court, the respondents are directed to follow the said memorandum and pass appropriate orders based on the petitioner's representation dated 28.01.2019 on or before 04.02.2019.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rsi To 1.The Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, Suramangalam Police Station, Salem Town, Salem District.

+1cc to Mr.R.Gopinath, Advocate sr.no.8585 W.P.No.3111 of 2019 nr 05/02/2019