Rajamani, v. State Rep.By Its

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.11061 of 2018 Rajamani ... Petitioner Vs.

State rep by its 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Thallakulam Police Station, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to grant permission and adequate police protection to conduct Aadal Padal programme on 02.06.2018 during the night time from 07.00 pm., to 12.00 am., on the eve of "Sri Kaliamman Temple" situated in Menenthal Thiruppallai, Madurai District based on the petitioner's representation dated 12.05.2018 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.C.Ajaykose For Respondents : Mr.M.Murugan Government Advocate

O R D E R

The prayer in this writ petition is to direct the second respondent to grant permission and adequate police protection to conduct Aadal Padal programme on 02.06.2018 during the night time from 07.00 pm., to 12.00 am., on the eve of "Sri Kaliamman Temple" situated in Menenthal Thiruppallai, Madurai District based on the petitioner's representation dated 12.05.2018 within the time limit that may stipulated by this Court.

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 conditions read as follows:

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"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 at "Sri Kaliamman Temple" situated at Menenthal Thiruppallai, Madurai District on 02.06.2018 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, Madurai, Madurai District.

2.The Inspector of Police, Thallakulam Police Station, Madurai District.

+1CC to Mr.M.Subash Babu Advocate in SR.NO.65714, +1CC to The Special Government Pleader in SR.No.65911. RMK/NS DS/PS/SAR-4 :25.05.2018: 2P/5C W.P.(MD).No.11061 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/