Shanmugasamy 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.11490 of 2018 Shanmugasamy .. Petitioner Vs.
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Sankarankovil Town Police Station, Sankarankovil, 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 grant permission and provide adequate protection for conducting the Orchestra programme (Innisai Pattu Katcheri) scheduled to be held on 06.06.2018 from 10.00 p.m. to 01.00 a.m. at Seevala Rayanaenthal, Sankarankovil Taluk, Tirunelveli District as part of annual temple festival of Vadakasi Amman Temple on the basis of the petitioner's representation dated 21.05.2018. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.P.Karupasamy Government Advocate * * *
O R D E R
The prayer in this writ petition is to direct the second respondent to grant permission on the basis of petitioner's representation dated 21.05.2018 to conduct "Orchestra (Innisai Pattu Katcheri)" programme on 06.06.2018, at Seevala Rayanaenthal, Sankarankovil Taluk, Tirunelveli District, in connection with the annual temple festival of Arulmigu Vadakasi Amman Temple. 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 https://hcservices.ecourts.gov.in/hcservices/
[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 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 06.06.2018 at Seevala Rayanaenthal, Sankarankovil Taluk, Tirunelveli District, in connection with the annual temple festival of Arulmigu Vadakasi Amman Temple, 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, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Sankarankovil Town Police Station, Sankarankovil, Tirunelveli District.
+ 1 cc TO Mr.T.Indrachithu , Advocate in SR No. 66252 + 1 cc TO The Special Government Pleader in SR No. 66414 gk AE/MMS/SAR1/01.06.2018/2P/5C W.P.(MD)No.11490 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/