V.Dhanasegaran v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.05.2017 CORAM :
THE HON'BLE MR.JUSTICE T.RAJA W.P(MD) No.8843 of 2017 V.Dhanasegaran ... Petitioner Vs.
1.
The Superintendent of Police, Virudhunagar District.
2.
The Inspector of Police, Aamathur Police Station, 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 for the temple festival on 16.05.2017 and cultural event, namely, Aadal Paadal programme scheduled to be held on 17.05.2017 at night 7.00pm to 10.00pm in connection with "Arulmigu Sri Kaliamman Kovil", Muthulapuram Village of Virudhunagar District. For Petitioner : Mr.M.Sheik Abdullah For Respondents : Mr.S.Kumar Addl. Govt. Pleader ******
O R D E R
This Writ Petition has been filed by the petitioner, seeking to direct the respondents to grant permission and protection for the temple festival on 16.05.2017 and cultural event, namely, Aadal Paadal programme scheduled to be held on 17.05.2017 at night 7.00pm to 10.00pm in connection with "Arulmigu Sri Kaliamman Kovil", Muthulapuram Village of Virudhunagar District.
2. Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 17.05.2017. The petitioner and other villagers have decided to organise a cultural event, namely, Aadal Paadal programme scheduled to be held on 17.05.2017 at night 7.00pm to 10.00pm in connection with "Arulmigu Sri Kaliamman Kovil", Muthulapuram Village of Virudhunagar District and therefore, the petitioner submitted a representation, dated 02.05.2017 to the 2nd respondent, requesting the Police 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. The learned counsel appearing for the petitioner would submit that in the abovesaid temple, the cultural programme is being organized every year. Even during last year, when the cultural programme was conducted, there was no untoward incident as apprehended by the respondent police and therefore, permission may be granted. Further, in order to entertain the devotees who come to witness the Temple Festival, the cultural programme is going to be organized.
4. Mr.S.Kumar, learned Additional Government Pleader, who takes notice for the respondents, submitted that only in order to avoid some untoward incidents, the petitioner was not granted permission to conduct the cultural programme. He would further submit that the petitioner may be permitted to proceed with holding the cultural programme on imposing usual conditions. 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 temple festival on 16.05.2017 and cultural event, namely, Aadal Paadal programme scheduled to be held on 17.05.2017 at night 7.00pm to 10.00pm in connection with "Arulmigu Sri Kaliamman Kovil", Muthulapuram Village of Virudhunagar District, subject to the following conditions: i)The event shall be conducted in an organised and peaceful manner without causing any 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, if any shall be restricted between 6.00 p.m and 11.00 p.m.
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 direction, this petition is disposed of. No costs.
Sd/- Deputy Registrar(Accounts) /True Copy/ Sub Assistant Registrar
To:
1.
The Superintendent of Police, Virudhunagar District.
2.
The Inspector of Police, Aamathur Police Station, Virudhunagar District.
+1cc to Mr.M.Sheik Abdullah,Advocate,SR.56392 W.P(MD) No.8843 of 2017 10.05.2017 kk/MMS/SAR3-11.05.2017-3P-4C