K.Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2017 CORAM :

THE HON'BLE MR.JUSTICE T.RAJA W.P(MD) No.9008 of 2017 K.Suresh ... Petitioner Vs.

The Inspector of Police, Thirukostiyur Police Station, Sivagangai 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 to grant permission to perform the cultural program of "Adal Padal" on 27.05.2017 night at Shri Pathinettambadi Karuppu, Pilavadi Karuppu, Veerakaliamman Temple, Sunnambu Iruppu, Kottai Iruppu PO, Thiruppathur Taluk, Sivagangai District and to provide adequate police protection based on the representation of the petitioner dated 03.05.2017.

For Petitioner : Mr.M.Sankar For Respondent : Mr.C.Selvaraj Spl. Govt. Pleader ******

O R D E R

This Writ Petition has been filed by the petitioner, seeking to direct the respondent to grant permission to perform the cultural program of "Adal Padal" on 27.05.2017 night at Shri Pathinettambadi Karuppu, Pilavadi Karuppu, Veerakaliamman Temple, Sunnambu Iruppu, Kottai Iruppu PO, Thiruppathur Taluk, Sivagangai District and to provide adequate police protection based on the representation of the petitioner dated 03.05.2017.

2. Learned counsel for the petitioner submitted that the festival of the said temple is scheduled to be held on 27.05.2017. The petitioner and other villagers have decided to organise a cultural event, namely, Aadal Paadal programme scheduled to be held on 27.05.2017 at night at Shri Pathinettambadi Karuppu,

Pilavadi Karuppu, Veerakaliamman Temple, Sunnambu Iruppu, Kottai Iruppu PO, Thiruppathur Taluk, Sivagangai District and therefore, the petitioner submitted a representation, dated 03.05.2017 to the 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.C.Selvaraj, learned Special Government Pleader, who takes notice for the respondent, 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 respondent is directed to grant permission to the petitioner to conduct the cultural program of "Adal Padal" on 27.05.2017 at night at Shri Pathinettambadi Karuppu, Pilavadi Karuppu, Veerakaliamman Temple, Sunnambu Iruppu, Kottai Iruppu PO, Thiruppathur Taluk, Sivagangai 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 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/- Vacation Officer /True Copy/ Sub Assistant Registrar To:

The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

+1cc to Spl.Government Pleader Sr.No.56488 +1cc to Mr.M.Sankar, Advocate Sr.No.56446 ar/srm vb/rsk/sar3/12.05.2017/3p/4c W.P(MD) No.9008 of 2017 11.05.2017