M.Paulpandi v. The Superintendent 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.11329 of 2018 M.Paulpandi .. Petitioner Vs.

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

2.The Inspector of Police, Aaykudi Police Station, Tirunelveli District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.05.2018 and grant permission to play Music band and Chendai Melam on 25.05.2018 at Arulmigu Sudalaimada Swamy and Esakki Amman Temple premises and Theertha procession at Balamarthandapuram, Tenkasi Taluk, Tirunelveli District and give adequate police protection to the above said programme.

For Petitioner : Mr.V.Maharajan For Respondents : Mr.S.Angappan Government Advocate * * *

O R D E R

The prayer in this writ petition is to direct the respondents to consider the petitioner's representation dated 21.05.2018 and grant permission to play Music band and Chendai Melam on 25.05.2018 at Arulmigu Sudalaimada Swamy and Esakki Amman Temple premises and Theertha procession at Balamarthandapuram, Tenkasi Taluk, Tirunelveli 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, https://hcservices.ecourts.gov.in/hcservices/

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 second respondent is directed to grant permission to the writ petitioner to conduct the cultural programme on 25.05.2018 in Arulmigu Sudalaimada Swamy and Esakki Amman Temple premises and Theertha procession at Balamarthandapuram, Tenkasi Taluk, Tirunelveli 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 Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Aaykudi Police Station, Tirunelveli District.

+1CC to Mr.V.Maharajan, Advocate, SR.No. 66092 +1CC to the Special Government Pleader SR.No.66177 W.P.(MD)No.11329 of 2018 23.05.2018 rmi/ls AM/SKN RSK/SAR 3/24.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/