Natchiyappan, S/O Natchiyappan 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.11628 of 2018 Natchiyappan .. Petitioner Vs.

1) The Superintendent of Police, Sivagangai District, Sivagangai

2) The Inspector of Police, Kallal Police Station, Sivagangai District.

.. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to give permission and police protection for Drama namely Valli Thirumanam scheduled to be held on 02.06.2018 at night from 10:00 to 05:00 hrs in connection with "Maha Kumbabishekam" in Arulmighu Sri Umanatchiamman, Sri Chinnakaruppar Thirukovil at Arikurichi Village, Karakudi Taluk, Sivagangai District and protection for the said Mahakumbabisegam on 03.06.2018 at 07:30 a.m. to 9:00 a.m by considering the petitioner's representation dated 23.05.2018.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.P.Karuppasamy, Government Advocate

O R D E R

The prayer in this writ petition is to direct the the second respondent to give permission and police protection for Drama namely Valli Thirumanam scheduled to be held on 02.06.2018 at night from 10:00 to 05:00 hrs in connection with "Maha Kumbabishekam" in Arulmighu Sri Umanatchiamman, Sri Chinnakaruppar Thirukovil at Arikurichi Village, Karakudi Taluk, Sivagangai District and protection for the said Mahakumbabisegam on 03.06.2018 at 07:30 a.m. to 9:00 a.m by considering the petitioner's representation dated 23.05.2018.

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

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 of Drama namely "Valli Thirumanam" shall be restricted between 9.00 p.m. to 02.00 a.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 Drama namely Valli Thirumanam scheduled to be held on 02.06.2018 at night from 09.00 p.m. to 02.00 a.m. in connection with "Maha Kumbabishekam" in Arulmighu Sri Umanatchiamman, Sri Chinnakaruppar Thirukovil at Arikurichi Village, Karakudi Taluk, Sivagangai 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, Sivagangai District,Sivagangai

2) The Inspector of Police, Kallal Police Station, Sivagangai District.

+1CC to Mr.P.Muthusamy Advocate in SR.No.66282, +1CC to the Special Government Pleader in SR.No.66393. STS/AKV DS/SV/MMS/SAR-1 :31.05.2018:2P/5C W.P.(MD)No.11628 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 30.05.2018