S.Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11289 of 2018 S.Murugan .. Petitioner Vs.

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

2.The Inspector of Police, Kalyarkovil Police Station, Kalaiyarkovil, Sivagangai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to accord permission and Police protection to the cultural program (Adal Padal) to be conducted at the Arulmighu Sree Ayyanar Temple festival in Oyyavandhan Petchathakudi, Panangadi Post, Kalaiyarkovil Taluk, Sivagangai District on 30.05.2018 at about 07.00 pm to 12.30 pm, based on the petitioner's representation dated 19.05.2018.

For Petitioner : Mr.T.Indrachitthu For Respondents : Mr.S.Angappan Government Advocate

O R D E R

The prayer in this writ petition is to direct the respondents to accord permission and Police protection to the cultural program (Adal Padal) to be conducted during Arulmighu Sree Ayyanar Temple festival in Oyyavandhan Petchathakudi, Panangadi Post, Kalaiyarkovil Taluk, Sivagangai District on 30.05.2018 at about 07.00 pm to 12.30 pm, 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 for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents. 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 on 30.05.2018 at Arulmighu Sree Ayyanar Temple in Oyyavandhan Petchathakudi, Panangadi Post, Kalaiyarkovil Taluk, Sivagangai District, 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, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalyarkovil Police Station, Kalaiyarkovil, Sivagangai District.

+1cc to M/s.T.Indrachitthu, Advocate, SR.No.66010. +1cc to Special Government Pleader, SR.No.66137. W.P.(MD)No.11289 of 2018 23.05.2018 LS/MSA/DSK RAM/SKN RSK/SAR 2/28.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/