S.Murugaganesan, v. The Superintend 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.11287 of 2018 S.Murugaganesan .. Petitioner Vs.
1. The Superintendent of Police, Theni, Theni District.
2. The Inspector of Police, Thenkarai Police Station, Theni District.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider petitioner's representation dated 19/05/2018 and to grant permission on the basis of his representation to conduct programme Adal Padal programme on 30/05/2018 at Sri Kaliammann & Sri Karuppasamy Temple situated at Sedapatti, Vadugapatti Post, Periyakulam Taluk, Theni District. For Petitioner : Mr.K.M.Karunakaran 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 to perform Dance Programme (Aadal Padal) on 30.05.2018 in the festival event of "Sri Kaliammann & Sri Karuppasamy Temple" situated at Sedapatti, Vadugapatti Post, Periyakulam Taluk, Theni District, pursuant to the 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.
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 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 respondents 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 "Sri Kaliammann & Sri Karuppasamy Temple situated at Sedapatti, Vadugapatti Post, Periyakulam Taluk, Theni District, subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Theni, Theni District.
2. The Inspector of Police, Thenkarai Police Station, Theni District.
+ 1 cc TO Mr.M.Chellapandian , Advocate in SR No. 66050 + 1 cc TO The Special Government Pleader in SR No. 66134 mm/ls AE/KKR/SAR3/28.05.2018/2P/5C W.P.(MD)No.11287 of 2018 23.05.2018 https://hcservices.ecourts.gov.in/hcservices/