N.Sethupathi vs The Superintendent Of Police on 16 May, 2018

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Madras High Court

N.Sethupathi vs The Superintendent Of Police on 16 May, 2018

Bench: M.S.Ramesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 16.05.2018  

CORAM   

THE HON'BLE MR. JUSTICE  M.S.RAMESH        

W.P.(MD)No.11098 of 2018   


N.Sethupathi                                                   ... Petitioner

Vs.

1.The Superintendent of Police
   Madurai District.

2.The Inspector of Police
   Palamedu Police Station,
   Madurai District                                         ... Respondents

        Petition filed under Article 226 of The Constitution of India praying
to issue a Writ of Certiorarified Mandamus to call for the records relating
to the impugned order dated 12.05.2018 passed by the 2nd respondent and quash  
the same and consequently direct the respondents to give adequate Police
protection to us to conduct the cultural event scheduled to be held on
01.06.2018 particularly ?Aadalum Padalum? dance program on that day in 
pursuance to the Festival of ?Sri Bhagavathiamman & Manthaiyamman Temple?    
situated in Konapatti, Palamedu, Madurai District.

!For Petitioner : Mr.N.Rajaji
^For Respondents        : Mr.A.Muthu Karuppan  
                                         Additional Government Pleader


:ORDER

The prayer in this writ petition is to call for the records relating to the impugned order dated 12.05.2018 passed by the 2nd respondent and quash the same and consequently direct the respondents to give adequate Police protection to us to conduct the cultural event scheduled to be held on 01.06.2018 particularly ?Aadalum Padalum? dance program on that day in pursuance to the Festival of ?Sri Bhagavathiamman & Manthaiyamman Temple? situated in Konapatti, Palamedu, Madurai District.

2.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing on behalf of 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.I am of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed and the order passed by the second respondent is set aside and the second respondent is directed to grant permission and necessary protection to perform the cultural programme (ie.) ?Aadalum Padalum? dance program at ?Sri Bhagavathiamman & Manthaiyamman Temple? situated in Konapatti, Palamedu, Madurai District on 01.06.2018 subject to the aforesaid conditions. There shall be no order as to costs.

1.The Superintendent of Police Madurai District.

2.The Inspector of Police Palamedu Police Station, Madurai District.

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