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Madras High CourtWP(MD)/11017/2018disposed of

G.Kadarkari 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 HON'BLE MR. JUSTICE M.S.RAMESH W.P.(MD)No.11017 of 2018 G.Kadarkarai ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to grant permission for conducting KARAKATTAM scheduled on 25.05.2018 and its consecutive program viz. GRAMA NADANA NATTIAM scheduled on 26.05.2018 and 27.05.2018 and PATTIMANDRAM scheduled on 28.05.2018 in pursuance to pongal festival of Arulmigu Suyambu Durgaiamman Temple situate at Pattakulam Village, Vilupanoor Post, Srivilliputhur Taluk and consequently to provide adequate protection on the basis of the representation dated 08.05.2018. For Petitioner : Mr.B.Thanga Aravindh For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission for conducting KARAKATTAM scheduled on 25.05.2018 and its consecutive program viz. GRAMA NADANA NATTIAM scheduled on 26.05.2018 and 27.05.2018 and PATTIMANDRAM scheduled on 28.05.2018 in pursuance to pongal festival of Arulmigu Suyambu Durgaiamman Temple situate at Pattakulam Village, Vilupanoor Post, Srivilliputhur Taluk and consequently to provide adequate protection on the basis of the representation dated 08.05.2018. 2.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents.

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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 cultural programme KARAKATTAM scheduled on 25.05.2018 and its consecutive program viz. GRAMA NADANA NATTIAM scheduled on 26.05.2018 and 27.05.2018 and PATTIMANDRAM scheduled on 28.05.2018 in pursuance to pongal festival of Arulmigu Suyambu Durgaiamman Temple situate at Pattakulam Village, Vilupanoor Post, Srivilliputhur Taluk, 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, Virudhunagar District.

2.The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District. +1cc to Mr.B.THANGA ARAVINDH, Advocate, SR.No. 65482 +1cc to M/s.Special Government Pleader,SR.No. 65674 W.P.(MD).No.11017 of 2018 16.05.2018 DAS/NS KK/JC/SAR-4/21.05.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/