L.James Jothimani 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.8839 of 2017 L.James Jothimani ... Petitioner vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Vembakottai Police Station, Sivakasi Taluk, Virudhunagar 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 to grant permission and protection to perform the Aadal Padal program in "Chithirai Pongal Thiruvizha" scheduled to be held on 11.05.2017 at 07.00 p.m. to 10.00 p.m. at Arulmigu Sri Pathirakaliyamman Thirukovil at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, by considering the petitioner's representation dated 26.04.2017. For Petitioner : Mr.R.Karthic Rajan 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 2nd respondent to grant permission and necessary protection to perform the cultural programme i.e., Aadal Padal on 11.05.2017 from 07.00 p.m. to 10.00 p.m. at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, in connection with Arulmigu Sri Pathirakaliyamman Temple festival, by considering his representation dated 26.04.2017.
2.Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held from 06.05.2017 to 12.05.2017. The petitioner and other villagers have decided to organise "Aadal Padal programme" at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, in connection with Arulmigu Sri Pathirakaliyamman Temple festival. Therefore, the
petitioner submitted a representation, dated 26.04.2017, to the respondents, 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 "Aadal Padal programme" at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, in connection with Arulmigu Sri Pathirakaliyamman Temple festival. 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 "Aadal Padal programme" at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, in connection with Arulmigu Sri Pathirakaliyamman Temple festival, 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 11.05.2017.
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/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Vembakottai Police Station, Sivakasi Taluk, Virudhunagar District.
3.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.KARTHICRAJAN, Advocate, SR No. 56146 PSM/SV/SAR4/10.05.2017/3P/5C W.P.(MD).No.8839 of 2017 10.05.2017