Maruthamuthu v. The Superintendent Of Police

W.P.(MD)No.22200 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2019

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.22200 of 2019 Maruthamuthu ... Petitioner Vs.

1.The Superintendent of Police, Trichy, Trichy District 2.The Inspector of Police Jeeyapuram Police Station Trichy District ... 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 and adequate police protection to conduct Adal Padal on 3.11.2019 at about 7.00pm to 11.00pm in the eve of Kumbabishegam Festival of the Sri Maha Ganapathy Sri Maha Mariamman Kovil situated at M.Cudalur Village, Srirangam Taluk, Trichy District in pursuant to the petitioner representation dated 11.10.2019 For Petitioner : Mr.R.Maheswaran 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 and adequate police protection to conduct Adal Padal on 3.11.2019 at about 7.00pm to 11.00pm in the eve of Kumbabishegam Festival of the Sri Maha Ganapathy Sri Maha Mariamman Kovil situated at M.Cudalur Village, Srirangam Taluk, Trichy District in pursuant to the petitioner representation dated 11.10.2019 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22200 of 2019 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 cultural programme 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 Sri Maha Ganapathy Sri Maha Mariamman Kovil scheduled to the held on 03.11.2019 from 06.00 p.m to 11.00 p.m. in the petitioners village at M.Cudalur Village, Srirangam Taluk, Trichy District subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Trichy, Trichy District 2.The Inspector of Police Jeeyapuram Police Station Trichy District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to M/s.R.MAHESWARAN, Advocate ( SR-93408[F] dated 21/10/2019 ) W.P.(MD)No.22200 of 2019 21.10.2019 KK/SAR/22.10.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2