Karuppaiah 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.8858 of 2017 V.Karuppaiah ... Petitioner vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, 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 herein to grant permission and give police protection to conduct the "Aadalum Padalum" dance program at about 7.00 pm on 17.05.2017 in pursuance to the festival of "Arulmighu Mariamman Kovil", situated in South Malaiyandipatti, Rajapalayam, Virudhunagar District on considering the petitioner's representation dated 06.05.2017.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.V.Muruganandan, Additional Government Pleader.

ORDER

(Order of the Court was made by T.RAJA,J) This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the respondents herein to grant permission and give police protection to conduct the "Aadalum Padalum" dance program at about 7.00 pm on 17.05.2017 in pursuance to the festival of Arulmighu Mariamman Kovil, situated in South Malaiyandipatti, Rajapalayam, Virudhunagar District based on the petitioner's representation dated 06.05.2017.

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 "Aadal Padal programme"

in South Malaiyandipatti, Rajapalayam, https://hcservices.ecourts.gov.in/hcservices/

Virudhunagar District in connection with Arulmighu Mariamman Kovil Festival, therefore, the petitioner submitted a representation, dated 06.05.2017 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 Additional Government Pleader who takes notice for the respondents, submitted that the respondents have no serious objection to grant permission to conduct "Aadal Padal programme" in South Malaiyandipatti, Rajapalayam, Virudhunagar District in connection with Arulmighu Mariamman Kovil 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" in South Malaiyandipatti, Rajapalayam, Virudhunagar District in connection with Arulmighu Mariamman Kovil 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 17.05.2017.

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 DEPUTY REGISTRAR / VACATION OFFICER TRUE COPY gcg/gk SUB ASST REGISTRAR To 1.The Superintendent of Police, Virudhunagar District. 2.The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, Virudhunagar District.

1CC TO MR. S. KARTHICK SUBRAMANIAN, ADVOCATE SR: 56152 1CC TO THE SPL GOVT PLEADER SR: 56333 https://hcservices.ecourts.gov.in/hcservices/ RL RSK SAR 3 2P 5C 12 5 17 W.P(MD)No.8858 of 2017