P.Jeyaprakash, 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.11727 of 2018 P.Jeyaprakash .. Petitioner Vs.
1. The Superintendent of Police,
2. The Inspector of Police, Theni Police Station, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to grant permission and give police protection to conduct the "karakattam" and "Aadalum Padalum" dance program at about 7.00 p.m. on 05.06.2018 and 07.06.2018 respectively in pursuance to the festival of "Arulmigu Sri Vembadi Mariamman Thirukovil", situated at Theni, Theni District on considering the petitioner's representation dated 25.05.2018 and 29.05.2018. For Petitioner : Mr.S.Karthick Subramanian 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 and give police protection to conduct the "karakattam" and "Adalum Padalum" dance program at about 7.00 p.m. on 05.06.2018 and 07.06.2018 respectively in pursuance to the festival of "Arulmigu Sri Vembadi Mariamman Thirukovil", situated at Theni, Theni District on considering the petitioner's representation dated 25.05.2018 and 29.05.2018. 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 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 05.06.2018 and 07.06.2018 in "Arulmigu Sri Vembadi Mariamman Thirukovil", situated at Theni, 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,
2. The Inspector of Police, Theni Police Station, + 1 cc TO Mr.S.Karthick Subramanian , Advocate in SR No. 66322 + 1 cc TO The Special Government Pleader in SR No. 66390 rmi/akv AE/MMS/SAR1/01.06.2018/3P/5C W.P.(MD)No.11727 of 2018 30.05.2018