Ramachandran 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.11316 of 2018 Ramachandran ... Petitioner Vs.

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

2.The Inspector of Police, T.Kallupatti Police Station, T.Kallupatti, Madurai District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to give permission and adequate police protection for conducting Adal Padal Dance Programme scheduled to be held on 25.05.2018 in the eve of Arulmigu 'Sri Kali Amman Temple' Vaikasi Pongal festival belongs to V.Ammapatti, T.Kallupatti Taluk, Madurai District, on the basis of petitioner's representation dated 21.05.2018. For Petitioner :

Mr.T.Vadivelan 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 and protection for the Cultural Program (Adalpadal) in Arulmigu 'Sri Kali Amman Temple' at V.Ammapatti, T.Kallupatti Taluk, Madurai District, which is to be held on 25.05.2018.

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 https://hcservices.ecourts.gov.in/hcservices/

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 Arulmigu 'Sri Kali Amman Temple' at V.Ammapatti, T.Kallupatti Taluk, Madurai District, on 25.05.2018, 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, Madurai District, Madurai.

2.The Inspector of Police, T.Kallupatti Police Station, T.Kallupatti, Madurai District.

+1cc to M/s.Mr.T.Vadivelan, Advocate, SR.No.66034. +1cc to Special Government Pleader, SR.No.66158. W.P.(MD).No.11316 of 2018 msa https://hcservices.ecourts.gov.in/hcservices/ RAM/RSK SKN/SAR 3/24.05.2018/2P/5C