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Madras High CourtWP(MD)/18301/2017disposed of

D.Ramanathan, v. The Inspector Of Police,

2017-09-27Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.18301 of 2017 D.Ramanathan ... Petitioner Vs.

The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent in his proceedings no.nil dated 22.09.2017 and consequently direct the respondent to grant permission to conduct the "Aadal Paadal (Dance Programme)" on 28.09.2017 at about Night 07.00 P.M to 11.00 P.M, for one day, to celebrate the purattasi pongal festival in "Samana Malayadi Ayyanar Karuppasamy Temple", which is situated in Vadevelkarai Village, Madurai District and consequently give adequate police protection to the festival.

For Petitioner : Mr.C.Manivannan For Respondent : Mr.A.K.Baskara Pandian, Special Government Pleader

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 22.09.2017 issued by the respondent and quash the same, consequently direct the respondent to grant permission and protection to conduct Aadal Paadal Programme and other religious programmes as mentioned in the petitioner's representation dated 21.09.2017 in the eve of Purattasi Pongal Festival of "Samana Malayadi Ayyanar Karuppasamy Temple", situated at Vadevelkarai Village, Madurai District. 2.The said festival is to be held on 28.09.2017 at about night 07.00 P.M to 11.00 P.M by the villagers of Vadevelkarai Village, Madurai District. The respondent has passed the impugned order https://hcservices.ecourts.gov.in/hcservices/

dated 22.09.2017 rejecting the request of the petitioner, citing law and order problem.

3.Mr.A.K.Baskara Pandian, learned Special Government Pleader, on instructions, opposed permission for conducting the Aadal Paadal and other religious programme, as requested by the petitioner in his representation.

4.However, in the light of the above, the impugned order dated 22.09.2017 is liable to be set aside and accordingly, it is set aside and the Writ Petition is allowed on the following terms:- ● The respondent is directed to grant permission to the writ petitioner to conduct Aadal Paadal Programme and other religious programmes in connection with Purattasi Pongal Festival of "Samana Malayadi Ayyanar Karuppasamy Temple", situated at Vadevelkarai Village, Madurai District, subject to the following conditions:

● The event shall be conducted in an organized and peaceful manner without causing any law and order problem. ● There shall not be any obscene or vulgar scenes during the performance by any one of the participants or others. ● The programme timings shall be between 06.00 p.m. and 10.00 p.m. on 28.09.2017.

● 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. No costs.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To The Inspector of Police, Nagamalai Pudukottai Police Station,Madurai District. +1cc to Mr.C.MANIVANNAN Advocate in SR. No. 81195 SKM/ARUL JS/SKN.RSK/SAR.2/27.09.2017/2P-3C W.P(MD)No.18301 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/