R.Kani, S/O.M.Ramasamy Nadar, v. The Inspector 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.8840 of 2017 R.Kani ... Petitioner vs.
The Inspector of Police, Pasuvanthanai Police Station, Pasuvanthanai, Thoothukudi District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent herein to give necessary police protection and permit the petitioner to conduct "Adalum Padalum" Cultural program during Sree Pathirakaliamman, Sree Selva Vinayakar, Sree Mariamman, Sree Usini Mahakaliamman Thirukovil festival, Pongavarnatham, Ettayapuram Taluk, Thoothukudi District on 15.05.2017 and consider the petitioner's representation dated 03.05.2017.
For Petitioner : Ms.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondent : Mr.M.Govindan, Special Government Pleader
O R D E R
(Order of the Court was made by T.RAJA,J) This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the respondent herein to give necessary police protection and permission, to conduct Adalum Padalum Cultural program during Sree Pathirakaliamman, Sree Selva Vinayakar, Sree Mariamman, Sree Usini Mahakaliamman Thirukovil festival, situated in Pongavarnatham, Ettayapuram Taluk, Thoothukudi District on 15.05.2017 based on the petitioner's representation dated 03.05.2017. 2.
Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 15.05.2017.
The petitioner and other villagers have decided to organise "Aadal Padal programme"
in Pongavarnatham, Ettayapuram Taluk, Thoothukudi District in connection with Sree Pathirakaliamman, Sree Selva Vinayakar, Sree Mariamman, Sree Usini Mahakaliamman Thirukovil festival, therefore, the petitioner submitted a representation, dated 03.05.2017 to the 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.
3.Learned Special Government Pleader who takes notice for the respondent, submitted that the respondent has no serious objection to grant permission to conduct "Aadal Padal programme" in Pongavarnatham, Ettayapuram Taluk, Thoothukudi District in connection with Sree Pathirakaliamman, Sree Selva Vinayakar, Sree Mariamman, Sree Usini Mahakaliamman Thirukovil festival. His submission is placed on record.
4.
Considering the submissions made on either side, this Court passes the following order:- "The respondent is directed to grant permission to the petitioner to conduct "Aadal Padal programme" in Pongavarnatham, Ettayapuram Taluk, Thoothukudi District in connection with Sree Pathirakaliamman, Sree Selva Vinayakar, Sree Mariamman, Sree Usini Mahakaliamman Thirukovil 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 15.05.2017 v)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 (P&A)/ Vacation Officer /True Copy/ Sub Assistant Registrar
gcg To 1.The Inspector of Police, Pasuvanthanai Police Station, Pasuvanthanai, Thoothukudi District.
+1 cc to M/s.Polax Legal Solutions SR.No. 56213 +1 cc to Special Government Pleader SR.No.56311 W.P(MD)No.8840 of 2017 10.05.2017 SMA/JC/SAR-4/11.05.2017:3P/4C