N.K.R.Durai, 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.11184 of 2018 and W.M.P.(MD)No.10217 of 2018 N.K.R.Durai ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Veerapandi Police Station, Theni District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorafied Mandamus, to call for the records relating to the impugned order dated 04.05.2018 of the second respondent and to quash the same and consequently to direct the respondents to grant permission and necessary Police Protection to perform the cultural programme (ie.,) Adal Padsal dance programme on 23.05.2018 at 07.00 pm to 11.00 pm in the festival of Arulmighu Sri Bagavathiamman Thirukovil at Poomalaikundu Village, Theni District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Murugan Government Advocate

O R D E R

The prayer in this writ petition is to quash the impugned order dated 04.05.2018 of the second respondent and consequently to direct the respondents to grant permission and necessary Police Protection to perform the cultural programme (ie.,) Adal Padsal dance programme on 23.05.2018 at 07.00 pm to 11.00 pm in the festival of Arulmighu Sri Bagavathiamman Thirukovil at Poomalaikundu Village, Theni District.

2.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 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. 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 and the impugned order passed by the second respondent dated 04.05.2018 is set aside and the second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme (ie.,) Adal Padsal dance programme on 23.05.2018 at 07.00 pm to 11.00 pm in the festival of Arulmighu Sri Bagavathiamman Thirukovil at Poomalaikundu Village, Theni District. There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer.

/True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Sub-Inspector of Police, Veerapandi Police Station, Theni District.

+1CC to Mr.V.Manikandan, Advocate, SR.No. 65934 +1CC to the Special Government Pleader SR.No.65662 W.P.(MD)No.11184 of 2018 16.05.2018 cmr AM/SV MMS/SAR 3/22.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/