Subramanian, 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.10989 of 2018 Subramanian ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli District, Tirunelveli

2. The Inspector of Police Manur Police Station Tirunelveli District ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to grant permission and protection for cultural event namely Innisai Katcheri scheduled to be held on 20.05.2018 at night 08.00 to 12.00 hours and conduct the Karagattam on 21.05.2018 & 22.05.2018 at night 08.00 p.m. to 05.00 a.m. in connection with Temple Festival in Arulmigu Sri Kanthariyamman Thirukovil at Gandheeswarampudur, Manur Taluk, Tirunelveli District, considering the petitioner's representation dated 02.05.2018. For Petitioner : Mr.M.Nallamuthu For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

The prayer in this writ petition is to direct the 2nd respondent to grant permission and protection for cultural event namely Innisai Katcheri scheduled to be held on 20.05.2018 at night 08.00 to 12.00 hours and conduct the Karagattam on 21.05.2018 & 22.05.2018 at night 08.00 p.m. to 05.00 a.m. in connection with Temple Festival in Arulmigu Sri Kanthariyamman Thirukovil at Gandheeswarampudur, Manur Taluk, Tirunelveli District, considering the petitioner's representation dated 02.05.2018.

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 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 Innisai Katcheri programme on 20.05.2018 and to conduct the Karagattam on 21.05.2018 and 22.05.2018 in connection with Temple Festival in Arulmigu Sri Kanthariyamman Thirukovil at Gandheeswarampudur, Manur Taluk, Tirunelveli District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Vacation Officer(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police Tirunelveli District, Tirunelveli

2. The Inspector of Police Manur Police Station, Tirunelveli District.

+ 1 cc TO Mr.Niranjan S.Kumar , Advocate in SR No. 65453 + 1 cc TO The Special Government Pleader in SR No. 65637 msa AE/SV MMS/SAR3/18.05.2018/3P/5C W.P.(MD).No.10989 of 2018 16.05.2018