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Madras High CourtWP(MD)/8826/2017disposed of

Ponganaprabu v. The Superintendent Of Police,

2017-05-10Honourable Mr Justice T.Raja,Honourable Mr Justice P. Velmurugan3 pages

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.8826 of 2017 Ponganaprabu, ... Petitioner vs.

1)The Superintendent of Police, Tirunelveli District.

2)The Inspector of Police, Panagudi Police Station, 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 second respondent to grant permission and adequate police protection to conduct "Pattu Katcheri" programme on 13.05.2017, during the nighttime from 08.00 p.m to 01.00 a.m. on the eve of "Sri Sivanaintha Perumal Temple Festival" situated in Avaraikulam, Radhapuram Taluk, Tirunelveli based on the petitioner's representation dated 04.05.2017. For Petitioner : Mr.M.Subash Babu 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 adequate police protection to conduct "Pattu Katcheri" programme on 13.05.2017, during the nighttime from 08.00 p.m to 01.00 a.m. on the eve of "Sri Sivanaintha Perumal Temple Festival" situated in Avaraikulam, Radhapuram Taluk, Tirunelveli, based on the petitioner's representation dated 04.05.2017. 2.Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held from 11.05.2017 to 13.05.2017. The petitioner and other villagers have

decided to organise "Pattu Katcheri" programme on the eve of "Sri Sivanaintha Perumal Temple Festival" situated in Avaraikulam, Radhapuram Taluk, Tirunelveli, therefore, the petitioner submitted a representation, dated 04.05.2017, 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. 3.Learned Special Government Pleader who takes notice for the respondents, submitted that the respondents have no serious objection to grant permission to conduct "Pattu Katcheri" programme on the eve of "Sri Sivanaintha Perumal Temple Festival" situated in Avaraikulam, Radhapuram Taluk, Tirunelveli. His submission is placed on record.

4.Considering the submissions made on either side, this Court passes the following order:- "The 2nd respondent is directed to grant permission to the petitioner to conduct "Pattu Katcheri" programme on the eve of "Sri Sivanaintha Perumal Temple Festival" situated in Avaraikulam, Radhapuram Taluk, Tirunelveli, 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 13.05.2017.

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.

5.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, Tirunelveli District.

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

3)The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.Special Government Pleader, Sr No.56376 +1cc to Mr.M.Subash Babu,Advocate, Sr No.56172 W.P(MD)No.8826 of 2017 10.05.2017 CM/MR/TSG MS/MSA/SAR-3/11.05.2017/3P.6C