K.Muruganandham 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.11082 of 2018 K.Muruganantham ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District

2. The Inspector of Police Oddanchatram Police Station Dindigul District ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to permit the petitioner to conduct Aadal Padal cultural program on 21.05.2018 from 6.00 p.m to 11.00 p.m during the temple festival of Sri Vinayagar , Muthalamman and Kaliamman temple, Kariyagoundenpattipudur, Neelamalaikottai Village, Dindigul Taluk and Dindigul District.

For Petitioner : Mr.D.Venkatesh For Respondents : Mrs.J.Padhmaavathi Devi Special Government Pleader

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and protection to aadal Padal cultural program during the temple festival of Sri Vinayagar , Muthalamman and Kaliamman temple, Kariyagoundenpattipudur, Neelamalaikottai Village, Dindigul Taluk and Dindigul District by considering the petitioner's representations dated 14.05.2018 which is to be held on 21.05.2018.

2.Heard the learned counsel for the petitioner as well as the learned Special 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:

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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 function Aaadal - Paadal at temple festival of Sri Vinayagar , Muthalamman and Kaliamman temple, Kariyagoundenpattipudur, Neelamalaikottai Village, Dindigul Taluk and Dindigul District on 21.05.2018 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, Dindigul District

2. The Inspector of Police Oddanchatram Police Station Dindigul District.

+1cc to M/S.D.Venkatesh, Advocate SR.No. 65541 +1cc to Special Government Pleader, SR.No. 65892 W.P.(MD).No.11082 of 2018 16.05.2018 aav JM/SV MMS/SAR 1/18.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/