Pitchaimuthu v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 2921 of 2022 Pitchaimuthu .. Petitioner Vs.
1. The Superintendent of Police Sivagangai District Sivagangai.
2. The Inspector of Police, Thiruppuvanam Police Station Sivagangai District.
..Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus, to call for the records pertaining to the impugned order dated 10.02.2022 in Na.Ka.No.05/Ka/A/Thiruppu/2022 on the file of the second respondent and consequently directing the respondents to grant permission to the petitioner and give adequate police protection for conducting Valli Thirumanam Nadagam on 14.02.2022 in Oorkavalan Temple, Villiyarandhel, Sivagangai District.
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to call for the records pertaining to the impugned order dated 10.02.2022 in Na.Ka.No.05/Ka/A/Thiruppu/2022 on the file of the second respondent and direct the respondents to grant permission to the petitioner and give adequate police protection for conducting Valli Thirumanam Nadagam on 14.02.2022 in Oorkavalan Temple, Villiyarandhel, Sivagangai District.
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 https://hcservices.ecourts.gov.in/hcservices/
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 allowed and the order passed by the second respondent in Na.Ka.No.05/Ka/A/Thiruppu/2022 on 10.02.2022 is quashed. 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 the cultural program on 14.02.2022 between 8.00 am., to 11.00 p.m., at Oorkavalan Temple, Villiyarandhel, Sivagangai District, subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (T AND P) // True Copy // 14/02/2022 Sub Assistant Registrar(CS IV) ssb To
1. The Superintendent of Police Sivagangai District, Sivagangai.
2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
MGJ 14/02/2022 2P/4C W.P (MD).No.2921 of 2022 https://hcservices.ecourts.gov.in/hcservices/ 14.02.2022