Madras High CourtWP(MD)/3380/2022disposed of

Muthaiya .C v. The Deputy Superintendent Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No. 3380 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 3380 of 2022 C.Muthaiya ... Petitioner Vs.

1.The Deputy Superintendent of Police Peraiyur, Madurai District 2.The Inspector of Police Sedapatti Police Station Peraiyur Taluk Madurai 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 necessary protection to perform the cultural programme (i.e.) Adal Padal on 25.02.2022 at 7.00pm to 10pm in the evening of Arulmigu Sri Pudhu Mariamman Thiru Kovil Masi Thiruvizha at Chinnakattalai, Peraiyur taluk, Madurai District For Petitioner : Mr.J.Krishnakumar, Advocate 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 and necessary protection to perform the cultural programme (i.e.) Adal Padal on 25.02.2022 at 7.00pm to 10pm in the evening of Arulmigu Sri Pudhu Mariamman Thiru Kovil Masi Thiruvizha at Chinnakattalai, Peraiyur taluk, Madurai 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 Station, Odapatti, Theni District], had granted permission to the petitioner to conduct cultural programme on certain conditions. The said conditions read as follows:

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W.P (MD).No. 3380 of 2022 "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 aadal padal Program shall be restricted between 6.00 pm., 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.

The third 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 25.02.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Sri Pudhu Mariamman Thiru Kovil Masi Thiruvizha at Chinnakattalai, Peraiyur taluk, Madurai District subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar (T & P) // True Copy // 23/02/2022 Sub Assistant Registrar(CS) To 1.The Deputy Superintendent of Police Peraiyur, Madurai District 2.The Inspector of Police Sedapatti Police Station Peraiyur Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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