Suyamburaj 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.11351 of 2018 Suyamburaj .. Petitioner Vs.

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

2.The Inspector of Police, Panakudi 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 respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 26.05.2018 at night in connection with the "Kodai Vizha" in Arulmigu Sri Athimara Madasamy Kovil at Kaval Kinaru Village, Radhapuram Taluk, Tirunelveli District, by considering the petitioner's representation dated 10.05.2018.

For Petitioner :

Mr.R.Balakrishnan 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 cultural event namely Adalpadal scheduled to be held on 26.05.2018 at night in connection with the "Kodai Vizha" in Arulmigu Sri Athimara Madasamy Kovil at Kaval Kinaru Village, Radhapuram Taluk, Tirunelveli District, by considering the petitioner's representation dated 10.05.2018. 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 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 26.05.2018 at Arulmigu Sri Athimara Madasamy Kovil at Kaval Kinaru Village, Radhapuram Taluk, Tirunelveli District, 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, Tirunelveli District, Tirunelveli.

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

+1cc to M/s.R.Balakrishnan, Advocate, SR.No.66046. +1cc to Special Government Pleader, SR.No.66168. W.P.(MD)No.11351 of 2018 23.05.2018 LS/MSA https://hcservices.ecourts.gov.in/hcservices/ RAM/SKN RSK/SAR 4/25.05.2018/2P/5C