Jegan, S/O. Muthusamy, 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.8831 of 2017 Jegan ... Petitioner vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kudankulam 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 2nd respondent to grant permission and adequate police protection to conduct Innisai Katcheri programme for 2 days I.e. On 11.05.2017 and 14.05.2017 at 8.00 a.m to 1.00 p.m on the eve of "Sri Mutharamman Temple Festival" situated in Chettikulam, Radhapuram Taluk, Tirunelveli District based on my representation dated 02.05.2017 within the time limit that may stipulated by this Court.

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 by Mr.Jegan, S/o Muthusamy, seeking a direction to the Inspector of Police, Kudankulam Police Station, Tirunelveli District, to grant permission and adequate police protection to conduct Innisai Katcheri programme for 2 days I.e. On 11.05.2017 and 14.05.2017 at 8.00 a.m to 1.00 p.m on the eve of "Sri Mutharamman Temple Festival" situated in Chettikulam, Radhapuram Taluk, Tirunelveli District based on my representation dated 02.05.2017 within the time limit that may stipulated by this Court.

2. It is stated that the petitioner belongs to Chettikulam Village, wherein the Temple called Sri Mutharamman Temple is situated. The said temple has a rich heritage and very

ancient in nature. They are celebrating temple festival in a grand manner for the past 20 years and they are conducting Innisaid Kacheri also.

3.Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 11.05.2017 and 14.05.2017 at 8.00 a.m to 1.00 p.m. The petitioner and other Chettikulam villagers have decided to organise "Innisai Katcheri programme" in Sri Mutharamman Temple Festival" situated in Chettikulam, Radhapuram Taluk, Tirunelveli District, in connection with Sri Mutharamman Temple festival and therefore, the petitioner submitted a representation, dated 20.04.2017, to the second respondent, requesting him 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.

4. Learned Special Government Pleader who takes notice for the respondents, submitted that the respondents have no serious objection to grant permission to conduct Innisai Katcheri programme for 2 days I.e. On 11.05.2017 and 14.05.2017 at 8.00 a.m to 1.00 p.m on the eve of "Sri Mutharamman Temple Festival" situated in Chettikulam, Radhapuram Taluk, Tirunelveli District . His submission is placed on record.

5.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 "Innisai Katcheri programme" in Sri Mutharamman Temple Festival" situated in Chettikulam, Radhapuram Taluk, Tirunelveli District, 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 8.00 p.m and 11.00 p.m. on 11.05.2017 and 14.05.2017. 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 Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

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

+One cc to Mr.M.Subash Babu, Advocate, SR.No.56171 RL/4C/3P/10.5.2017/RSK/SAR3 W.P(MD)No.8831 of 2017 10.05.2017