Sangilimuthu .R v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 2850 of 2022 R.Sangilimuthu
...Petitioner
Vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Kallakudi 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 for conducting the ''Cultural Programs'' (Gramiyam) on 16.02.2022 and ''Thenmangu Palsuvai Nigalzhchigal'' on 17.02.2022 at Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple situated at Natham, Lalgudi Taluk, Trichy District by considering petitioner's representation dated 09.02.2022. For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents to grant permission for conducting ''Cultural Programs'' (Gramiyam) on 16.02.2022 and ''Thenmangu Palsuvai Nigalzhchigal'' on 17.02.2022 at Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple situated at Natham, Lalgudi Taluk, Trichy District by considering petitioner's representation dated 09.02.2022. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor 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 cultural Program shall be restricted between 8.00 a.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.
f)The restrictions have now been lifted and permitted to gather not more than 50 persons for the festival function.'
4.This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of. The second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct ''Cultural Programs'' (Gramiyam) on 16.02.2022 and ''Thenmangu Palsuvai Nigalzhchigal'' on 17.02.2022 between 8.00 am., to 11.00 p.m., at Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple situated at Natham, Lalgudi Taluk, Trichy District, subject to the aforesaid conditions. Sd/- Assistant Registrar (RECORDS) // True Copy // 14/02/2022 Sub Assistant Registrar(CS IV)
lr Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Kallakudi Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
1CC TO MR.A.SIVASUBRAMANIAN, ADVOCATE SR:5778 MGJ 14/02/2022 3P/5C W.P (MD).No.2850 of 2022 11.02.2022