Madras High CourtWP(MD)/5649/2015disposed of

Arumuga Nainar, v. The Supdt. Of Police,

2015-04-17Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.5649 of 2015 Arumuga Nainar ... Petitioner Vs.

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

2.The Inspector of Police, Seranmahadevi Police Station, Tirunelveli District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission and protection for cultural event namely Innisai Katcheri scheduled to be held on 18.04.2015 at night in connection with "Chithirai Festival" at Arulmigu Sri Uthira Selvi Amman at Seranmahadevi Village, Tirunelveli District.

For Petitioner : Mr.S.Sathiya Chidambaram For Respondents : Mr.R.Karthikeyan Addl. Govt. Pleader

O R D E R

This writ petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission and protection for cultural event namely "Innisai Katcheri" scheduled to be held on 18.04.2015 at night in connection with "Chithirai Festival" at Arulmigu Sri Uthira Selvi Amman at Seranmahadevi Village, Tirunelveli District. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3.The learned Additional Government Pleader appearing for the respondents submitted that three cases are pending between two groups and if permission is granted to the petitioner to conduct Innisai Katcheri, it will lead to law and order problem.

4. Perusal of the instructions given to the learned Additional Government Pleader, dated 15.04.2015, would go to show that there is likelihood of the petitioner indulging in singing political songs leading to law and order problem and the second reason assigned is that the other group may also ask permission to conduct cultural event. https://hcservices.ecourts.gov.in/hcservices/

5. If permitting sons with respect to political leaders and parties will create law and order problem, then, the petitioner may be asked not to indulge in the same. Similarly, likelihood of asking permission by other group, cannot be a ground to reject permission.

6. In the result, this Writ Petition is allowed subject to the conditions that can be imposed by the second respondent including the condition that the petitioner shall not sing political sons. It is open to the second respondent to impose any other conditions to maintain law and order. No Costs.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Seranmahadevi Police Station, Tirunelveli District.

3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.S.Sathiya Chidambaram, Advocate in SR.No. 19703 TS/17.04.2015/2P-5C W.P(MD)No.5649 of 2015 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/