Kalaiyarasan, 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.11291 of 2018 Kalaiyarasan .. Petitioner Vs.

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

2. The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 29.05.2018 at night 9.00 p.m to 12.00 p.m in connection with "Vaisai Manjal Neeradal Festival" in Arulmigu Sri Manivarna Mazhi Mariamman Thirukovil at Kulamangalam North Village, Alangudy Taluk, Pudukkottai District, by considering the petitioner's representation, dated 11.05.2018 For Petitioner : Mr.C. Suresh Kannan For Respondents : Mr.S.Angappan 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 cultural event namely Adalpadal scheduled to be held on 29.05.2018 at night 9.00 p.m to 12.00 p.m in connection with "Vaisai Manjal Neeradal Festival" in Arulmigu Sri Manivarna Mazhi Mariamman Thirukovil at Kulamangalam North Village, Alangudy Taluk, Pudukkottai District, by considering the petitioner's representation, dated 11.05.2018 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 29.05.2018 at Arulmigu Sri Manivarna Mazhi Mariamman Thirukovil at Kulamangalam North Village, Alangudy Taluk, Pudukkottai District, subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

+1cc to Mr.C. Suresh Kannan, Advocate Sr.No.66068 +1cc to The Spl. Government Pleader Sr.No.66139 KSA/MSA VB/SKN/RSK/SAR2/28/05/2018/2P/5C W.P.(MD)No.11291 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.05.2018