Kumar S v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Kumar ... Petitioner Vs
1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Jeeyapuram, Trichy District.
2. The Inspector of Police, Manachanallur Police Station, Trichy District.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to grant permission to perform the program of 'Adal Padal' program on 09.03.2022 night at about 6.00 p.m. to 11.00 p.m. at Thirupainjali Arulmigu Sri Vanathai Amman Temple, Moovarayampalaiyam (Melur) Village, Manachanallur Taluk, Trichy District. And to provide adequate police protection based on the petitioner's representation dated 21.02.2022. For Petitioner : Mr.K.Sridhar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Writ Petition is filed to issue a Writ of Mandamus directing the 2nd respondent to grant permission for conducting 'Adal Padal' program on 09.03.2022 night at about 6.00 p.m. to 11.00 p.m. at Thirupainjali Arulmigu Sri Vanathai Amman Temple, Moovarayampalaiyam (Melur) Village, Manachanallur Taluk, Trichy District and to provide adequate police protection based on the petitioner's representation dated 21.02.2022. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
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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 allowed. 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 09.03.2022 between 8.00 am., to 11.00 p.m., at Thirupainjali Arulmigu Sri Vanathai Amman Temple, Moovarayampalaiyam (Melur) Village, Manachanallur Taluk, Trichy District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 2/3
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 Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Jeeyapuram, Trichy District.
2. The Inspector of Police, Manachanallur Police Station, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN WP(MD) No.3681 of 2022 Date : 28/02/2022 sj(CO) TR(01.03.2022) 3P 4C 3/3