S.Michael Mahilan, 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.8812 of 2017 S.Michael Mahilan ... Petitioner vs.

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

2) The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein forthwith to grant permission and police protection to conduct "Orchestra" on 15.05.2017, 19.05.2017, 21.05.2017 and 22.05.2017 in Kavalkinaru on account of the festival of the Sacred Heart Church, Kavalkinaru.

For Petitioner : Mr.A.Ajith Geethan 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 respondents herein forthwith to grant permission and police protection to conduct "Orchestra" on 15.05.2017, 19.05.2017, 21.05.2017 and 22.05.2017 in Kavalkinaru on account of the festival of the Sacred Heart Church, Kavalkinaru. 2.Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 15.05.2017, 19.05.2017, 21.05.2017 and 22.05.2017 . The petitioner and other villagers have decided to organise "Orchestra" in Kavalkinaru in connection with the festival of the Sacred Heart Church, Kavalkinaru, therefore, the petitioner submitted a representation, dated 02.05.2017, to the second respondent, 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.

https://hcservices.ecourts.gov.in/hcservices/

3.Learned Special Government Pleader who takes notice for the respondents, submitted that the respondents have no serious objection to grant permission to conduct "Orchestra" in Kavalkinaru in connection with the festival of the Sacred Heart Church, Kavalkinaru. His submission is placed on record. 4.Considering the submissions made on either side, this Court passes the following order:- "The second respondent is directed to grant permission to the petitioner to conduct "Orchestra" in Kavalkinaru in connection with the festival of the Sacred Heart Church, Kavalkinaru subject to the following conditions:

i)The event shall be conducted in an organised and peaceful manner without causing 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 15.05.2017, 19.05.2017, 21.05.2017 and 22.05.2017.

iv)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.

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

Sd/- Assistant Registrar/Vacation Officer /True Copy/ Sub Assistant Registrar To

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

2) The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

+1 cc to M/R.A.Ajith Geethan ,Advocate, SR.NO:56226 +1 cc to M/S.SPECIAL GOVERNMENT PLEADER, SR.NO:56351 https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.8812 of 2017 10.05.2017 CM/MR/TSG SVA/MR/SAR3/11/05/2017/2P/5C