P.Murugan 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.8850 of 2017 P.Murugan ... Petitioner vs.
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Sub-Inspector of Police, Vadamadurai Police Station, Dindigul District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order dated 06.05.2017 of the second respondent and to quash the same, consequently directing the Respondents to grant permission and necessary Police Protection to perform the cultural programme (ie.,) Adal Padal Dance Programme on 10.05.2017 at 7.00 pm to 10.00 pm in the Festival of Arulmighu Sri Sakthi Muthumari Amman Thirukovil at Gengaiyoor Ayyalur, Vedachandur taluk, Dindigul District, Dindigul.
For Petitioner : Mr.V.Manikandan For Respondents : 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 for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order, dated 06.05.2017 of the second respondent, and to quash the same and consequently to direct the Respondents to grant permission and necessary Police Protection to perform the cultural programme (ie.,) Adal Padal Dance Programme on 10.05.2017 at 7.00 pm to 10.00 pm in the Festival of Arulmighu Sri Sakthi
Muthumari Amman Thirukovil at Gengaiyoor Ayyalur, Vedachandur taluk, Dindigul District, Dindigul.
2.
Learned counsel for the petitioner submitted that the petitioner is the resident of the said village and that he is a member of the Thiruvizha festival committee. The said festival is being conducted in Arulmighu Sri Sakthi Muthumari Amman Thirukovil from time immemorial. The festival is scheduled to be held on 10.05.2017. The petitioner and other villagers have decided to organise "Aadal Padal programme" at Gengaiyoor Ayyalur, Vedachandur taluk, Dindigul District, Dindigul, in connection with Arulmighu Sri Sakthi Muthumari Amman Thirukovil Festival. The programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period. Therefore, the petitioner submitted a representation, dated 02.05.2017 to the second respondent, requesting him to grant permission therefor. The said representation has been rejected by way of the present impugned order, without assigning any valid reason and hence, challenging the same, the petitioner has filed the present writ petition for the above mentioned relief.
3. Heard the learned Special Government Pleader appearing for the respondents on the above submissions made by the learned counsel for the petitioner.
4. A perusal of the impugned order shows that the second respondent has rejected the request to conduct Aadal Padal programme in One line, namely, MlYk; ghlYk; mDkjp kWf;fg;gLfpwJ "
"in the same application, dated 02.05.2017, submitted by the petitioner. There is no valid reason assigned. We do not find any justification or application of mind of the second respondent. Therefore the same is liable to be set aside. Considering the same, this Court passes the following order:- "The impugned order dated 06.05.2017 is set aside and the 2nd respondent is directed to grant permission to the petitioner to conduct "Aadal Padal programme" at Gengaiyoor Ayyalur, Vedachandur taluk, Dindigul District, Dindigul, in connection with Arulmighu Sri Sakthi Muthumari Amman Thirukovil Festival, subject to the following conditions:
i)The event shall be conducted in an organized 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 10.05.2017.
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. This Writ Petition is accordingly allowed. No costs. Sd/- Assistant Registrar (P&A)/ Vacation Officer /True Copy/ Sub Assistant Registrar gcg/gk To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Sub-Inspector of Police, Vadamadurai Police Station, Dindigul District.
+1 cc to Special Government Pleader SR.No. 56312 W.P(MD)No.8850 of 2017 10.05.2017 SMA/MR/SAR-3/11.05.2017:3P/4C