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Madras High CourtWP(MD)/21167/2019disposed of

S.Sritharan v. The Superintendent Of Police

2019-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD).No.21167 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD).No.21167 of 2019 S.Sritharan ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, to direct the respondents herein to grant permission and protection to conduct the Adal Padal programme on 13.10.2019 at 06.00.p.m, to 11.00.p.m in pursuant to the Thasara festival of Arulmigu Sri Veyilukanthamman Temple, in Vadakarai, Gangaikondan, Tirunelveli District. For Petitioner : Mr.M.Prabu For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side)

ORDER

The Writ Petition has been filed to direct the respondents herein to grant permission and protection to conduct the Adal Padal programme on 13.10.2019 at 06.00.p.m, to 11.00.p.m in pursuant to the Thasara festival of Arulmigu Sri Veyilukanthamman Temple, in Vadakarai, Gangaikondan, Tirunelveli District. 2.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) 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:

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21167 of 2019 "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 Adal Padal Program shall be restricted between 08.00p.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 writ petitioner to conduct Adal Padal Programme on 13.10.2019 between 06.00 p.m to 11.00p.m at Arulmigu Sri Veyilukanthamman Temple, in Vadakarai, Gangaikondan, Tirunelveli District subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

+1 CC to M/s.M. PRABU, Advocate ( SR-91002[F] dated 03/10/2019 W.P.(MD).No.21167 of 2019 03.10.2019 DAS MS/04.10.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2