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Madras High CourtWP(MD)/11742/2018ordered

Rengaraj, 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.11742 of 2018 Rengaraj .. Petitioner Vs.

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Allinagaram 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 grant permission to perform the program of "Adal Padal" on 07.06.2018 night at about 07.00pm to 12.00pm in connection with temple festival Arulmigu Sri Pattalamman, Sri Kaliamman, Sri Karuppasamy Thirukkovil is situated at Bommaiyagoundanpatti, Theni Taluk, Theni District and to provide adequate police protection based on the petitioner's representations dated 28.05.2018. For Petitioner : MV.Manikandan 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 to perform the program of "Adal Padal" on 07.06.2018 night at about 07.00pm to 12.00pm in connection with temple festival Arulmigu Sri Pattalamman, Sri Kaliamman, Sri Karuppasamy Thirukkovil is situated at Bommaiyagoundanpatti, Theni Taluk, Theni District and to provide adequate police protection based on the petitioner's representations dated 28.05.2018.

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:

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"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 07.06.2018 at Arulmigu Sri Pattalamman, Sri Kaliamman, Sri Karuppasamy Thirukkovil is situated at Bommaiyagoundanpatti, Theni Taluk, Theni 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, Theni District.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

+1CC to Mr.V.Manikandan Advocate in SR.No.66294, +1CC to Special Government Pleader in SR.No.66392. DAS/AKV DS/JC/SAR-3 :01.06.2018: 2P/5C W.P.(MD)No.11742 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 30.05.2018