Prapah 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.8904 of 2017 Prapath ... Petitioner vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karmabakudi Police Station, Pudukottai District.

3.The Sub Inspector of Police, Malaiyur Police Station, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd and 3rd respondents to grant permission and adequate police protection to conduct Aadal Padal programme on 17.05.2017 during the nighttime from 10.00 p.m to 01.00 a.m on the eve of "Sri Sunaiel Amman Temple Festival" situated in Andikulapenpatti, Thuvar Post, Kantharvakottai Taluk, Pudukottai District based on the petitioner's representation, dated 05.05.2017 within the time limit.

For Petitioner : Mr.R.Maheswaran 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 Mandamus, to direct the the 2nd and 3rd respondents to grant permission and adequate police protection to conduct Aadal Padal

programme on 17.05.2017 during the nighttime from 10.00 p.m to 01.00 a.m on the eve of "Sri Sunaiel Amman Temple Festival" situated in Andikulapenpatti, Thuvar Post, Kantharvakottai Taluk, Pudukottai District based on the petitioner's representation, dated 05.05.2017 within the time limit.

2. Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 17.05.2017 between 10.00 p.m to 01.00 a.m. The petitioner and other villagers have decided to organise "Aadal Padal programme" in Andikulapenpatti, Thuvar Post, Kantharvakottai Taluk, Pudukottai District, in connection with "Sri Sunaiel Amman Temple Festival", therefore, the petitioner submitted a representation, dated 05.05.2017 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 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" Andikulapenpatti, Thuvar Post, Kantharvakottai Taluk, Pudukottai District, in connection with "Sri Sunaiel Amman 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"

in Andikulapenpatti, Thuvar Post, Kantharvakottai Taluk, Pudukottai District, in connection with "Sri Sunaiel Amman 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 17.05.2017 between 10.00 p.m to 01.00 a.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.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar/ Vacation Officer /True Copy/ Sub Assistant Registrar skm/sms To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karmabakudi Police Station, Pudukottai District.

3.The Sub Inspector of Police, Malaiyur Police Station, Pudukottai District.

+1 cc to Mr.R.Maheswaran, Advocate SR.No. 56256 +1 cc to Special Government Pleader SR.No. 56316 W.P(MD)No.8904 of 2017 10.05.2017 SMA/RSK/SAR-3/12.05.2017:3P/6C