Madras High CourtWP(MD)/11323/2018ordered

Kanthasamy v. The Superintendent 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.11323 of 2018 Kanthasamy .. Petitioner Vs.

1.The Superintendent of Police Office of the Superintendent of Police Pudukottai Road Subramaniyapuram Trichy- 620 020 2.The Inspector of Police Thottiyam Police Station Thottiyam, Trichy District .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent No.2 to grant permission to the petitioner for conducting Aadaal Padal (dance programme) show at the evening hours at 7.00 pm to 11.00 pm on 31.05.2018 in the light of Sri Maha Mariamman Temple Thiruvizha at Melatheru, Thottiyam Post, Thottiyam Taluk, Trichy District.

For Petitioner : M/S.M.Kamatchi For Respondents : Mr.S.Angappan Government Advocate

O R D E R

The prayer in this writ petition is to direct the Respondent No.2 to grant permission to the petitioner for conducting Aadaal Padal (dance programme) show at the evening hours at 7.00 pm to 11.00 pm on 31.05.2018 in the light of Sri Maha Mariamman Temple Thiruvizha at Melatheru, Thottiyam Post, Thottiyam Taluk, Trichy District.

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 to conduct cultural programme on certain conditions. The said conditions read as follows:

https://hcservices.ecourts.gov.in/hcservices/ "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 conduct the Aadaal Padal (dance programme) show in the light of Sri Maha Mariamman Temple Thiruvizha at Melatheru, Thottiyam Post, Thottiyam Taluk, Trichy District on 31.05.2018, 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 Office of the Superintendent of Police Pudukottai Road Subramaniyapuram Trichy 2.The Inspector of Police Thottiyam Police Station Thottiyam, Trichy District.

+1CC to M/S.M.Kamatchi, Advocate in SR.No.66003, +1CC to Special Government Pleader in SR.No.66142. MSA/LS DS/RSK-SKN/SAR-3 :24.05.2018: 2P/5C W.P.(MD)No.11323 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.05.2018