Palanisamy, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH W.P.No.16937 of 2017 Palanisamy ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Inspector of Police, Thoppur Police Station, Dharmapuri, Dharmapuri District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to grant permission and protection for the Cultural Program (Orchestra and dancing) in "Sree Maariamman Kovil" situated at Guttur, Palayamputhur, Dharmapuri District in which planned to be held on 07.07.2017.

For Petitioner : Mr.M.Samuel Raja For Respondents: Mr.V.S.Ramesh Government Advocate

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and protection for the Cultural Program (Orchestra and dancing) in "Sree Maariamman Kovil" situated at Guttur, Palayamputhur, Dharmapuri District which is to be held on 07.07.2017.

2.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents.

3.In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017

[M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner to conduct cultural programme on certain conditions. The said conditions read as follows: "a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others. c)The dance performance shall be restricted between 6.00 p.m. and 11.00 p.m.

d)If there is any violation of the above said conditions, the respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance." 4.I am of the view that similar conditions may also be imposed in the present writ petition also. Consequently, the Writ Petition Stands allowed. The second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme at "Sree Maariamman Kovil" Guttur, Palayamputhur, Dharmapuri District on 07.07.2017 subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Inspector of Police, Thoppur Police Station, Dharmapuri, Dharmapuri District.

+1 cc to Mr.M.Samuel Raja Advocate sr 46685 W.P.No.16937 of 2017 gj(co) aa06/07/2017