B. Kanagaraj, 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.11511 of 2018 B.Kanagaraj .. Petitioner Vs.

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

2. The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner representation dated 27.05.2018 to grant permission to conduct the "Pongal Thiruvizha" as well as other programmes and also to conduct the "Aadal Padal" at about 09.00 p.m to 01.00 a.m. on 03.06.2018 in temple namely "Shree Kaliamman Kovil" at Sevalpatti village, Vembakottai Taluk, Virudhunagar District.

For Petitioner : Mr.T.Palpandi For Respondents : Mr.P.Karuppasamy Government Advocate

O R D E R

The prayer in this writ petition is to direct the second respondent to consider the petitioner's representation dated 27.05.2018 to grant permission to conduct the "Pongal Thiruvizha" as well as other programmes and also to conduct the "Aadal Padal" at about 09.00 p.m to 01.00 a.m. on 03.06.2018 in temple namely "Shree Kaliamman Kovil" at Sevalpatti village, Vembakottai Taluk, Virudhunagar District.

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. https://hcservices.ecourts.gov.in/hcservices/ 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:

"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 03.06.2018 at "Shree Kaliamman Kovil" situated at Sevalpatti village, Vembakottai Taluk, Virudhunagar 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, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Vembakottai Police Station, Virudhunagar District.

+ 1 CC TO Mr.T.PALPANDI, ADVOCATE IN SR No. 66242 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66352 LS/AKV TE/SV-MMS/SAR-1 : 31/05/2018 : 2P/5C W.P.(MD)No.11511 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/