R.Umapathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.7806 of 2018 and W.M.P.(MD)No.7381 of 2018 R.Umapathi : Petitioner Vs.

1.The Superintendant of Police, Theni District, Theni.

2.The Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk, Theni District.

: Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent in proceeding No.Nil dated Nil and quash the same and to direct the second respondent to grant permission to their Kulam people and police protection to conduct Adal Padal Programme at 07.00 p.m. on 7.5.2018 as part of the Arulmighu Sri Renganathar Swami Thirukovil Periyasamy Kumbidu Festival at Odaipatti Village, Uthamapalayam, Theni District. For Petitioner : Mr.K.Guhan For R1 and R2 : Mr.P.Kannidevan Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent in proceeding No.Nil dated Nil and quash the same and to direct the second respondent to grant permission to their Kulam people and police protection to conduct Adal Padal Programme at 07.00 p.m. on 7.5.2018 as part of the Arulmighu Sri Renganathar Swami Thirukovil Periyasamy Kumbidu Festival at Odaipatti Village, Uthamapalayam, Theni District. 2.Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3.By consent, the writ petition is taken up for final disposal at the admission stage itself.

4.The learned Counsel for the petitioner submitted that the petitioner made an application to the respondent police to conduct the cultural programme on 06.05.2018. The said application was rejected on the ground that if permission is granted, there will be violation of the conditions. The learned Counsel would further submit that the petitioner, in his affidavit has given an undertaking in paragraph No.8 of the affidavit, to abide by the conditions and that there will not be any obscene, vulgar or glamorous dances in the programme and also all the dances will be in conformity with the moral standards.

5.In view of the aforesaid undertaking, the petitioner is permitted to make fresh application to the second respondent police on or before 23.04.2018. On such application, the second respondent is directed to consider the same on merits and in accordance with law by taking into consideration the order passed by this Court in W.P.(MD)No.7911 of 2018, dated 12.04.2018. However, it is made clear that the applications shall be submitted only by the trustees of the Temple or the Vizha Kuzhuvinar or the organizers of the festival committee before the concerned respondent police. 6.Accordingly, the writ petition is disposed of with the above direction.

No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Theni District, Theni.

2.The Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk, Theni District.

+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.61918 +1CC TO M/S.K.GUHAN, ADVOCATE, SR NO.61717 ORDER MADE IN W.P.(MD)No.7806 of 2018 17.04.2018 MR MS/SV-MMS/SAR-4/20.04.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/