K.S.Pitchaimani v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11044 of 2018 K.S.Pitchaimani .. Petitioner Vs.
1.The Deputy Superintendent of Police, Andipatty Sub Division, Theni District.
2.The Inspector of Police, Rajathani Police Station, Andipatty, Theni District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to give appropriate direction to the second respondent to give adequate police protection from 23.05.2018 to 25.05.2018 for conducting the festival of Sri Arulmighu Bhagavathiamman Kovil, which situated at Rayavellur Village, Andipatty Taluk, Theni District based on the representation of the petitioner dated 24.04.2018.
For Petitioner : Mrs.M.Benazir Begum For Respondents : Mr.S.Dhayalan Government Advocate
O R D E R
The prayer in this writ petition is to direct the first respondent to give appropriate direction to the second respondent to give adequate police protection from 23.05.2018 to 25.05.2018 for conducting the festival of Sri Arulmighu Bhagavathiamman Kovil, which situated at Rayavellur Village, Andipatty Taluk, Theni District based on the representation of the petitioner dated 24.04.2018.
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 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 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 give adequate police protection from 23.05.2018 to 25.05.2018, to conduct the festival of Sri Arulmighu Bhagavathiamman Kovi, which situated at Rayavellur Village, Andipatty Taluk, Theni District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Andipatty Sub Division, Theni District.
2.The Inspector of Police, Rajathani Police Station, Andipatty, Theni District.
+1cc to Special Government Pleader, SR.No.65746. W.P.(MD)No.11044 of 2018 16.05.2018 IS/NS RAM/SV MMS/22.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/