M.Rajarajan 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.11321 of 2018 and W.M.P(MD).No.10310 of 2018 M.Rajarajan ... Petitioner Vs.
1.The Superintendent of Police, Subramaniapuram, Trichy District.
2.The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy District.
... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings No. Nil, dated 21.05.2018 and quash the same as illegal and consequently direct the 2nd respondent to give permission and adequate police protection for conducting the Cultural Program (Adal Padal) to be conducted at Arulmighu Erumbeeshwarar Thirukovil Temple festival on 27.05.2018 at about 08.00 p.m to 11.00 p.m in Thiruverumbur, Trichy District by considering the petitioner's representation dated 21.05.2018.
For Petitioner :
Ms.R.Yamuna For Respondents :
Mr.S.Angappan Government Advocate
O R D E R
The prayer in this writ petition is to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings No. Nil, dated 21.05.2018 and quash the same as illegal and consequently direct the 2nd respondent to give permission and adequate police protection for conducting the Cultural Program (Adal Padal) to be conducted at Arulmighu Erumbeeshwarar Thirukovil Temples festival on 27.05.2018 at about 08.00 p.m to 11.00 p.m in Thiruverumbur, Trichy District by considering the petitioner's representation dated 21.05.2018.
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 and perused the materials available on record. 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 impugned order dated 21.05.2018 is quashed and the Writ Petition stands allowed. The second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme at Arulmighu Erumbeeshwarar Thirukovil Temple on 27.05.2018 in Thiruverumbur, Trichy District, subject to the aforesaid conditions. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Subramaniapuram, Trichy District.
2.The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy District.
+1cc to M/s.R.Yamuna, Advocate, SR.No.65990.
+1cc to Special Government Pleader, SR.No.66141. W.P.(MD).No.11321 of 2018 and W.M.P(MD).No.
10310 of 2018 MSA/IS RAM/RSK SKN/SAR 4/25.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/