Madras High CourtWP(MD)/19094/2019disposed of

Viswanathan v. The Superintendent Of Police

2019-09-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.19094 of 2019 Viswanathan ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District Thoothukudi

2. The Inspector of Police Meignanapuram Police Station Thoothukudi District ... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondent to grant permission and protection for cultural event namely AdalPadal scheduled to be held on 02.10.2019 at night 07.30 to 02.00 in connection with Kodai Vizha in Arulmigu Sri Mutharamman Temple at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 08.08.2019. For Petitioner : Mr.S.Selvakumar For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondent to grant permission and protection for cultural event namely AdalPadal scheduled to be held on 02.10.2019 at night 07.30 to 02.00 in connection with Koodai Vizha in Arulmigu Sri Mutharamman Temple at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 08.08.2019 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents. 3.In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi

Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner to conduct cultural programme on certain conditions. The said conditions read as follows:

"a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others. c)The dance performance shall be restricted between 6.00 p.m. and 11.00 p.m.

d)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. e)In case if there is any discrepancy with regard to the date on which the program is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner"

4. This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The second respondent is directed to grant permission to the petitioner for conducting Adal Padal dance programme schedule to be held on 02.10.2019 in in connection with Koodai Vizha in Arulmigu Sri Mutharamman Temple at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Thoothukudi District Thoothukudi

2. The Inspector of Police Meignanapuram Police Station Thoothukudi District

3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to M/s.S. SELVAKUMAR, Advocate ( SR-85112[F] dated 04/09/2019 ) W.P.(MD)No.19094 of 2019 04.09.2019 aav JMN(16.09.2019) 3P : 5C