V.Nagarathinam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018
CORAM
THE HON'BLE MRS. JUSTICE T.KRISHNAVALLI W.P.(MD)No.11237 of 2018 V.Nagarrathinam ... Petitioner Vs.
State represented by its:- 1.The Superintendent of Police, Karur, Karur District.
2.The Inspector of Police, Thohaimalai Police Station, Karur 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 and adequate police protection to conduct Aadal Padal programme on 28.05.2018 during the nighttime from 07.00 p.m., to 12.00 a.m., on the eve of "Sri Maha Muthu Mariamman Temple" situated in Malaimedu, Kallai Village, Kulithalai Taluk, Karur District based on the petitioner's representation dated 19.05.2018. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.S.Angappan Government Advocate
O R D E R
The prayer in this writ petition is to direct the 2nd Respondent to grant permission and adequate police protection to conduct Aadal Padal programme on 28.05.2018 during the nighttime from 07.00 p.m., to 12.00 a.m., on the eve of "Sri Maha Muthu Mariamman Temple" situated in Malaimedu, Kallai Village, Kulithalai Taluk, Karur District based on the petitioner's representation dated 19.05.2018.
2.Mr.S.Angappan, learned Government Advocate takes notice for the respondents.
3.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents.
https://hcservices.ecourts.gov.in/hcservices/ 4.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"
5.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 "Sri Maha Muthu Mariamman Temple" situated in Malaimedu, Kallai Village, Kulithalai Taluk, Karur District, on 28.05.2018 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, Karur, Karur District.
2.The Inspector of Police, Thohaimalai Police Station, Karur District.
+1CC to Mr.M.Subash Babu, Advocate, SR.No. 66031 +1CC to the Special Government Pleader SR.No.66180 W.P.(MD).No.11237 of 2018 23.05.2018 sm/msa AM/PS/SAR 3/25.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/