S.Suresh, v. The Superintendent Of Police,

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.10917 of 2018 S.Suresh ... Petitioner Vs.

1.The Superintendent of Police Theni District 2.The Deputy Superintendent of Police Andipatti Police Station Theni District 3.The Inspector of Police Andipatti Police Station Andipatti, Theni District ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS directing the respondents to give police permission and adequate police protection to the Adal Padal festival scheduled on 17.05.2018 at about 09.00 pm at Arulmigu Sri Packiyammal Thirukovil, Rengasamuthiram, Andipatti Post, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 28.04.2018. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Ms.J.Padhmaavathi Devi Special Government Pleader

O R D E R

The prayer in this writ petition is to direct the respondents to give police permission and adequate police protection to the Adal Padal festival scheduled on 17.05.2018 at about 09.00 pm at Arulmigu Sri Packiyammal Thirukovil, Rengasamuthiram, Andipatti Post, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 28.04.2018. 2.Heard the learned counsel for the petitioner as well as the learned Special 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 https://hcservices.ecourts.gov.in/hcservices/

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 third respondent is directed to grant permission to the writ petitioner to conduct the Adal Padal festival scheduled at Arulmigu Sri Packiyammal Thirukovil, Rengasamuthiram, Andipatti Post, Andipatti Taluk, Theni 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 Theni District 2.The Deputy Superintendent of Police Andipatti Police Station Theni District 3.The Inspector of Police Andipatti Police Station Andipatti, Theni District +1cc to Mr.N.JEGADEESHPANDYAN, Advocate, SR.No.65547 W.P.(MD).No.10917 of 2018 16.05.2018 MSA KK/SV MMS/SAR-3/16.05.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/