K.Arokiya Jesuraj, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.05.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10905 of 2018 K.Arokiya jesuraj ... Petitioner Vs.

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

2.The Inspector of Police, Vadakadu Police Station, Pudukottai 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 permit the conduct of Aadal Padal on 17.05.2018 from 08.00 p.m., to 01.00 a.m., at the function of deity St.Anthony's Church situated in Kottaikadu Village, Karambakudi Taluk, Pudukottai District on the basis of the petitioner's representation dated 01.05.2018. For Petitioner :

Mr.N.Kamesh 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 permit the conduct of Aadal Padal on 17.05.2018 from 08.00 p.m., to 01.00 a.m., at the function of deity St.Anthony's Church situated in Kottaikadu Village, Karambakudi Taluk, Pudukottai District on the basis of the petitioner's representation dated 01.05.2018.

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:

"a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. https://hcservices.ecourts.gov.in/hcservices/

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 St.Anthony's Church, Kottaikadu Village, Karambakudi Taluk, Pudukottai District, on 17.05.2018 subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Vadakadu Police Station, Pudukottai District.

W.P.(MD) No.10905 of 2018 16.05.2018 cp/ns JM/SV MMS/SAR 3/17.05.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/