Madras High CourtWP(MD)/11320/2018ordered

J.Mahamuni v. The Commissioner Of Police

2018-05-23Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11320 of 2018 J.Mahamuni .. Petitioner Vs.

1.The Commissioner of Police Trichirappalli City Trichirappalli 2.The Assistant Commissioner of Police Srirangam Range Trichirappalli City 3.The Inspector of Police Government Hospital Police Station Trichirapalli City .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to grant permission based on the petitioner's representation dated 20.05.2018 to celebrate the festival on 29.05.2018 to 31.05.2018 along with cultural music program on 30.05.2018 in connection with Sri Kanni Mariamman Temple at Kallangadu, Puthur, Trichirapalli City and District. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.S.Angappan Government Advocate ***

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission based on the petitioner's representation dated 20.05.2018 to celebrate the festival on 29.05.2018 to 31.05.2018 along with cultural music program on 30.05.2018 in connection with Sri Kanni Mariamman Temple at Kallangadu, Puthur, Trichirapalli City and District.

2.Mr.S.Angappan, learned Government Advocate takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 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 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 third respondent is directed to grant permission to celebrate the festival on 29.05.2018 to 31.05.2018 along with cultural music program on 30.05.2018 in connection with Sri Kanni Mariamman Temple at Kallangadu, Puthur, Trichirapalli City and 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 Commissioner of Police, Trichirappalli City, Trichirappalli 2.The Assistant Commissioner of Police,Srirangam Range Trichirappalli City.

3.The Inspector of Police,Government Hospital Police Station Trichirapalli City.

+1CC to Mr.C.M.Arumugam, Advocate, SR.No. 66100 +1CC to the Special Government Pleader SR.No.66135 W.P.(MD)No.11320 of 2018 23.05.2018 Ls/msa AM/SKN RSK/SAR 4/25.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/