Madras High CourtWP(MD)/11148/2018disposed of

Veerasingam, 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.11148 of 2018 Veerasingam ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 14.05.2018 to grant permission to conduct the "Vaigasi Vishaka Thiruvizha" as well as other programmes and also to conduct the "Aadal Padal" on 23.05.2018 and 28.05.2018 at about 06.00 p.m. to 11.00 p.m. in temple namely "Arulmigu Muthumariamman Kovil" at Kalathur Village, Pattukkottai Taluk, Thanjavur District.

For Petitioner : Mr.M.Muthumanickam 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 protection for the Aadal Padal (Orchestra and dancing) in "Arulmigu Muthumariamman Kovil" situated at Kalathur Village, Pattukkottai Taluk, Thanjavur District. which is to be held on 23.05.2018 and 28.05.2018 respectively. 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:

"a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. https://hcservices.ecourts.gov.in/hcservices/

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 "Arulmigu Muthumariamman Kovil" Kalathur Village, Pattukkottai Taluk, Thanjavur District on 23.05.2018 and 28.05.2018 respectively 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, ThanjavurDistrict, Thanjavur.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

+1CC to Mr.D.R.Murugesan, Advocate in SR.No.65378. GNS DS/SV/MMS/SAR-3 :22.05.2018: 2P/4C W.P.(MD)No.11148 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/