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Madras High CourtWP(MD)/9855/2018ordered

V.B. Senthil Kumar, v. The Superintendent Of Police,

2018-05-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH W.P.(MD)No.9855 of 2018 V.B.Senthilkumar ... Petitioner Vs.

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

2. The Inspector of Police, Kadupatti Police Station, Madurai District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the Respondents to accord permission and provide adequate police protection for conducting Aadal Padal cultural program which is scheduled to be taken place on 19.05.2018 and 20.05.2018 in connection with the Vaikasi Big Festival of Arulmigu Sri Vucchimagali Amman Temple at Thenkarai Village Vadipatti Taluk Madurai District. For Petitioner : Mr.M.Pitchaimuthu For Respondents : Mr.B.Bhagawathi, Government Advocate.

O R D E R

The prayer in this writ petition is to direct the respondents to accord permission and provide adequate police protection for conducting Aadal Padal cultural program which is scheduled to be taken place on 19.05.2018 and 20.05.2018 in connection with the Vaikasi Big Festival of Arulmigu Sri Vucchimagali Amman Temple at Thenkarai Village Vadipatti Taluk Madurai District.

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 https://hcservices.ecourts.gov.in/hcservices/

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. e)In case if there is any discrepancy with regard to the date on which the program is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner"

4.I am of the view that similar conditions may also be imposed in the present writ petition. Consequently, the writ petition stands allowed. The second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme at Arulmigu Sri Vucchimagali Amman Temple at Thenkarai Village Vadipatti Taluk Madurai District on 19.05.2018 and 20.05.2018 subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Kadupatti Police Station, Madurai District.

+ 1 cc TO Mr.M.Pitchaimuthu , Advocate in SR No. 65865 aav/ns AE/SV MMS/SAR3/18.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.9855 of 2018 16.05.2018