G.Murugesan 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.10920 of 2018 G.Murugesan ... Petitioner Vs.

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

2.The Inspector of Police, Maruvur Police Station, Thanjavur District.

3.The Sub Inspector of Police, Maruvur Police Station, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent dated nil and quash the same and consequently direct the respondents herein to grant permission and protection for the functions and to conduct "Aadal Padal Cultural Programs" scheduled to be held on 22.05.2018 in the Village festival of the Village Temple namely Sri Arulmiku Sri Maha Maya Mariamman in the Tamil month of Chithirai, in Maruvur Village, Thilaidhanan Taluk, Thiruvaiyaru, Thanjavur District.

For Petitioner : Mr.S.Sankar For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.

O R D E R

The prayer in this writ petition is to call for the records pertaining to the impugned order passed by the second respondent dated nil and quash the same and consequently direct the respondents herein to grant permission and protection for the functions and to conduct "Aadal Padal Cultural Programs" scheduled to be held on 22.05.2018 in the Village festival of the Village Temple namely Sri Arulmiku Sri Maha Maya Mariamman in the Tamil month of Chithirai, in Maruvur Village, Thilaidhanan Taluk, Thiruvaiyaru, Thanjavur District.

2.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader 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 https://hcservices.ecourts.gov.in/hcservices/

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 impugned order dated 07.05.2018 is quashed and the Writ Petition stands allowed. The third respondent is directed to grant permission to the writ petitioner to conduct the cultural programme at Sri Arulmiku Sri Maha Maya Mariamman in the Tamil month of Chithirai, in Maruvur Village, Thilaidhanan Taluk, Thiruvaiyaru, Thanjavur District, on 22.05.2018 subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Vocation officer () /True Copy/ Sub Assistant Registrar/ To 1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Maruvur Police Station, Thanjavur District.

3.The Sub Inspector of Police, Maruvur Police Station, Thanjavur District.

W.P.(MD).No.10920 of 2018 cp/ns JM/SV MMS/SAR 3/18.05.2018/2P/4C/ 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/