Madras High CourtWP(MD)/11589/2018ordered

R.Jegadeeshwaran, v. The Superintendent Of Police

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11589 of 2018 R.Jegadeeshwaran .. Petitioner Vs.

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, Uthamapalayam Police Station, Theni 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 give police permission and adequate police protection to the Adal Padal festival scheduled on 01.06.2018 at Arulmighu Sri Santhanakaruppu Sami Kaliamman Kovil, Paramadevanpatti, Muthulapuram Post, Uthamapalayam Taluk, Theni District by considering the petitioner's representation dated 15.05.2018.

For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.P.Karuppusamy Government Advocate * * *

O R D E R

The prayer in this writ petition is to direct the respondents to give police permission and adequate police protection to the Adal Padal festival scheduled on 01.06.2018 at Arulmighu Sri Santhanakaruppu Sami Kaliamman Kovil, Paramadevanpatti, Muthulapuram Post, Uthamapalayam Taluk, Theni District by considering the petitioner's representation dated 15.05.2018. 2.Mr.P.Karuppusamy, 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 01.06.2018 "Arulmighu Sri Santhanakaruppu Sami Kaliamman Kovil" situated in Paramadevanpatti, Muthulapuram Post, Uthamapalayam Taluk, Theni 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, Theni District.

2. The Inspector of Police, Uthamapalayam Police Station, Theni District. + 1 cc TO Mr.M.Gnanagurunathan , Advocate in SR No. 66315 + 1 cc TO The Special Government Pleader in SR No. 66364 mrn AE/SV MMS/SAR1/31.05.2018/2P/5C W.P.(MD)No.11589 of 2018 30.05.2018 https://hcservices.ecourts.gov.in/hcservices/