T.Gopal, S/O.Thiruvenkadam, 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.11199 of 2018 T.Gopal ... Petitioner Vs.

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

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to grant permission to conduct the "Chithirai Thiru Veethi Ula" on 27th May 2018 or any other date fixed by the respondent police in the function to be held at Arulmigu Sri Selvamariamman Temple which is situated in Maruvathur Village, Thuraiyur Taluk, Trichy District and consequently to give adequate police protection to the festival based on the representation dated 04.05.2018. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.B.Bhagawathi Government Advocate

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and protection for the Cultural Program (Orchestra and dancing) in "Arulmigu Sri Selvamariamman Temple" situated at Maruvathur Village, Thuraiyur Taluk, Trichy District which is to be held on 27.05.2018.

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 Sri Selvamariamman Temple" Maruvathur Village, Thuraiyur Taluk, Trichy District, on 27.05.2018 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, Trichy, Trichy District.

2.The Inspector of Police, Thuraiyur Police Station, Trichy, Trichy District.

+1CC to Mr.J.Jeyakumaran, Advocate in SR.No.65598, +1CC to Special Government Pleader in SR.No.65654. TM/NS DS/RSK-SKN/SAR-4 :23.05.2018: 2P/5C W.P.(MD).No.11199 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/