Nagendran vs The Superintendent Of Police on 16 May, 2018

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Madras High Court

Nagendran 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.11087 of 2018   


Nagendran                                                              ... Petitioner

Vs.


1. The Superintendent of Police,
    O/.o.Superintendent of Police,
    Madurai District.

2. The Inspector of Police
    M.Kallupatti Police Station
    Madurai District.                                                  ... Respondents

        Petition filed under Article 226 of The Constitution of India praying
to issue a writ of mandamus  directing the second respondent to grant
permission to the petitioner for conducting  'Aadal Padal ' (dance program)
to show at the evening at 6.00p.m to 10.30 p.m on 23.05.2018 and 24.05.2018
in the light of the Sri Manthai Kaliyamman Temple Thiruvizha at T.Sanarpatti
village, M.Kallupatti post, Peraiyur Taluk, Madurai District.

!For Petitioner : Mr. R.Karunanidhi
For Respondents : Mr.M.Murugan         
                                         Government Advocate  





:ORDER

The prayer in this writ petition is to direct the respondents to grant permission and protection to conduct the cultural function 'Aadal Padal (dance program) of the Sri Manthai Kaliyamman Temple Thiruvizha at T.Sanarpatti village, M.Kallupatti post, Peraiyur Taluk, Madurai District by considering the petitioner's representations dated 12.05.2018 which is to be held on 23.05.2018 and 24.05.2018.

2.Heard the learned counsel for the petitioner as well as the learned Government Advocate 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. The second respondent is directed to grant permission to the writ petitioner to conduct the cultural function 'Aadal Padal ' (dance program) in Sri Manthai Kaliyamman Temple Thiruvizha at T.Sanarpatti village, M.Kallupatti post, Peraiyur Taluk, Madurai District on 23.05.2018 and 24.05.2018 subject to the aforesaid conditions. There shall be no order as to costs.

1. The Superintendent of Police, O/.o.Superintendent of Police, Madurai District.

2. The Inspector of Police M.Kallupatti Police Station Madurai District.

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