J.Sathish Kumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.05.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.11106 of 2018 J.Sathish Kumar ... Petitioner Vs.
1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.
... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents herein to grant permission and protection to conduct the "Aadalum Paadalum" dance programme on 23.05.2018 from 09.00 p.m., to 12.00 p.m., in pursuant to the Vaikashi Visaga Festival of Arulmighu Sri Muthumariamman Temple situated at Neivathali Village, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 09.05.2018 and 15.05.2018. For Petitioner : Mr.M.Suresh For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.
O R D E R
The prayer in this writ petition is to direct the respondents herein to grant permission and protection to conduct the "Aadalum Paadalum" dance programme on 23.05.2018 from 09.00 p.m., to 12.00 p.m., in pursuant to the Vaikashi Visaga Festival of Arulmighu Sri Muthumariamman Temple situated at Neivathali Village, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 09.05.2018 and 15.05.2018. 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 https://hcservices.ecourts.gov.in/hcservices/
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 Aadalum Paadalum dance programme in pursuant to the Vaikashi Visaga Festival of Arulmighu Sri Muthumariamman Temple situated at Neivathali Village, Aranthangi Taluk, Pudukkottai District on 23.05.2018 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, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.
+1cc to M/S.M.Suresh, Advocate SR.No. 65375 W.P.(MD) No.11106 of 2018 16.05.2018 cp/ns JM/SV MMS/SAR 3/18.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/