A.Kadambarkulam Annasmy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Kadambarkulam Annasamy ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar 2.The Inspector of Police O.P.Krishanapuram Police Station ... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondents to grant permission to perform the programm of Adal Padal on 10.10.2019 night at about 8.00pm to 12.00am at Krishnapuram Arulmigu Sri Pathirakaliamman Thirukovil is situated at Sundararajapuram, Virudhunagar Ditrict and to provide adequate police protection based on petitioner representations dt.26.8.2019 For Petitioner : Mr.S.Bharathi For Respondents : Mr.R.Anandharaj Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents to grant permission to perform the programm of Adal Padal on 10.10.2019 night at about 8.00pm to 12.00am at Krishnapuram Arulmigu Sri Pathirakaliamman Thirukovil is situated at Sundararajapuram, Virudhunagar Ditrict and to provide adequate police protection based on petitioner representations dt.26.8.2019.
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 1/3
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 the Cultural Programme in Krishnapuram Arulmigu Sri Pathirakaliamman Thirukovil at Sundararajapuram, Virudhunagar Ditrict scheduled to the held on 10.10.2019 from 08.00 p.m to 11.00 p.m. in the petitioners village at Sundararajapuram, Virudhunagar Ditrict 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, Virudhunagar 2/3
2.The Inspector of Police O.P.Krishanapuram Police Station 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1cc to Mr.S.Bharathi,Advocate, SR.No.86387 12.09.2019 aav JMN(24.09.2019) 3P : 5C 3/3