Madras High CourtWP(MD)/10903/2018disposed of

N.Thiruppathi, 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 HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10903 of 2018 N.Thiruppathi ... Petitioner Vs.

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

2.The Sub Inspector of Police, Aalankudi Police Station, Pudukkottai District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the second respondent to give permission with protection to conduct the cultural function Aaadal-Paadal at Kallalankudi Public Stage in connection with the Temple Festival of Arulmigu Sree Muthumariyamman Temple, Kallalankudi, Aalankudi, Pudukkottai District, scheduled on 18.05.2018 at about 07.00 p.m., to 12.00 a.m., based on the petitioner's representation dated 02.05.2018. For Petitioner :

Mr.S.Muthalraj For Respondents :

Mr.M.Murugan, Government Advocate.

O R D E R

The prayer in this writ petition is to direct the second respondent to give permission with protection to conduct the cultural function Aaadal-Paadal at Kallalankudi Public Stage in connection with the Temple Festival of Arulmigu Sree Muthumariyamman Temple, Kallalankudi, Aalankudi, Pudukkottai District, scheduled on 18.05.2018 at about 07.00 p.m., to 12.00 a.m., based on the petitioner's representation dated 02.05.2018. 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:

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"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 Sree Muthumariyamman Temple, Kallalankudi, Aalankudi, Pudukkottai District, on 18.05.2018 subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

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

2.The Sub Inspector of Police, Aalankudi Police Station, Pudukkottai District.

+1cc to M/S.Na.Palaniyandi, Advocate SR.No. 65357 W.P.(MD) No.10903 of 2018 16.05.2018 cp/ns JM/SV MMS/SAR 2/17.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/