Murugan, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.8804 of 2017 Murugan ... Petitioner Vs.

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

2.The Inspector of Police, Neikaranpatti Taluk Police Station, Dindigul District, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to grant permission and protection for cultural event namely Aadalpadal scheduled to be held on 10.05.2017 at night in connection with " Chithirai Festival " in Arulmigu Sri Karumariamman Kovil at Perunthalaaru Dam Village, Vaalaaru Post, Palani Taluk, Dindugul District by considering the petitioner's representation dated 20.04.2017. For Petitioner : Mr.J.M.Jeya Karthick For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to grant permission and protection for the cultural event namely, Aadalpadal scheduled to be held on 10.05.2017 at night in connection with " Chithirai Festival " in Arulmigu Sri Kadumariamman Kovil at Perunthalaaru Dam Village, Vaalaaru Post, Palani taluk, Dindugul District by considering the petitioner's representation dated 20.04.2017. 2.Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 10.05.2017. The petitioner and other Perunthalaaru Dam villagers have decided to organise "Aadal Padal programme" in Arulmigu Sri Karumariamman Kovil at Perunthalaaru Dam Village, Vaalaaru Post, Palani Taluk, Dindugul District, therefore, the petitioner submitted a representation, dated 20.04.2017, to the the Inspector of Police, Neikaranpatti Taluk Police Station, Dindigul District, Dindigul,

requesting them to grant permission therefor. Since no order has been passed on the said representation, the petitioner has filed the present writ petition, for the above mentioned relief.

3. The learned counsel appearing for the petitioner would submit that in the abovesaid temple, Adal Padal programme is being organized every year. Even during the last year, when the cultural programme was conducted, there was no untoward incident as apprehended by the respondent police and therefore, permission may be granted. Further, in order to entertain the devotees who come to witness the Chithirai Festival, the cultural programme is going to be organized.

4. Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents, submitted that only in order to avoid some untoward incidents, the petitioner was not granted permission to conduct the cultural programme. He would further submit that the petitioner may be permitted to proceed with holding the cultural programme on imposing conditions. His submission is placed on record.

5. Considering the submissions made on either side, this Court passes the following order:- "The Inspector of Police, Neikaranpatti Taluk Police Station, Dindugul District is directed to grant permission to the petitioner to conduct "Aadal Padal programme" in Arulmigu Sri Karumariamman Kovil at Perunthalaaru Dam Village, Vaalaaru Post, Palani taluk, Dindugul District, subject to the following conditions: i)The event shall be conducted in an organised and peaceful manner without causing any law and order problem.

ii)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

iii)The dance performance shall be restricted between 6.00 p.m and 11.00 p.m, on 10.05.2017.

iv)If there is any violation of the above said conditions, the 2nd respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Neikaranpatti Taluk Police Station, Dindigul District, Dindigul.

+1 CC to M/s.J.M.JEYAKARTHIK, Advocate, SR No. 56216 PSM/SV/SAR4/10.05.2017/3P/4C W.P(MD)No.8804 of 2017 10.05.2017