Mani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11460 of 2018 Mani .. Petitioner Vs.

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

2.The Inspector of Police, Ammanaickanur, Kodai Road, Kodai Road Post, Dindigul 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 grant permission to perform the program of "Adal Padal" on 30.05.2018 night at about 08.00pm., to 12.00 pm at Arulmigu Sri Muthalamman Kovil, Kattakoothanpatti Village, Kanthakkottai, Nilakottai Taluk, Dindigul District and to provide adequate police protection based on the petitioner's representations dated 25.05.2018.

For Petitioner : Ms.S.Bharathi For Respondents : Mr.P.Karuppasamy Government Advocate * * *

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission to perform the program of "Adal Padal" on 30.05.2018 night at about 08.00pm., to 12.00 pm at Arulmigu Sri Muthalamman Kovil, Kattakoothanpatti Village, Kanthakkottai, Nilakottai Taluk, Dindigul District and to provide adequate police protection based on the petitioner's representations dated 25.05.2018.

2. Mr.P.Karuppasamy, 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 https://hcservices.ecourts.gov.in/hcservices/

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 30.05.2018 at Arulmigu Sri Muthalamman Kovil, Kattakoothanpatti Village, Kanthakkottai, Nilakottai Taluk, Dindigul District, subject to the aforesaid conditions. There shall be no order as to costs.

Sd/ Assistant Registrar (AD-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ammanaickanur, Kodai Road, Kodai Road Post, Dindigul District.

+1cc to M/s.Special Government Pleader,SR.No. 66428 W.P.(MD)No.11460 of 2018 30.05.2018 DAS/AKV KK/SV MMS/SAR-1/31.05.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/