Surya S v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Surya .... Petitioner Vs.

1. The Deputy Superintendent of Police O/o.Deputy Superintendent of Police, Mukkompu Trichy District

2. The Inspector of Police, Vaththalai Police Station Vaththalai 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 to perform the program of Adal Padal program on 13.03.2022 night at about 6.00pm to 11.00pm at Nathamedu Arulmigu Sri Maha Mariyamman Temple at Komangalam Village, Musiri Taluk, Trichy District and to provide adequate police protection based on the petitioners representation dated 23.02.2022 For Petitioner : Mr.K.Sridhar For Respondents : Mr.B.Thanga Aravindh No.1 & 2 Government Advocate (Crl.Side)

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission to perform the program of Adal Padal program on 13.03.2022 night at about 6.00pm to 11.00pm at Nathamedu Arulmigu Sri Maha Mariyamman Temple at Komangalam Village, Musiri Taluk, Trichy District and to provide adequate police protection based on the petitioners representation dated 23.02.2022 2.Heard the learned counsel for the petitioner as well as the learned Government Advocate(Crl.Side)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 1/3

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 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 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 13.03.2022 between 6.00 p.m., to 11.00 p.m., at Nathamedu Arulmigu Sri Maha Mariyamman Temple at Komangalam Village, Musiri 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) aav To

1. The Deputy Superintendent of Police O/o.Deputy Superintendent of Police, Mukkompu, Trichy District.

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2. The Inspector of Police, Vaththalai Police Station Vaththalai Trichy District.

+1 CC to M/s.K.SRIDHAR, Advocate ( SR-9865[F] dated 03/03/2022 ) W.P (MD).No.3750 of 2022 01.03.2022 JE(CO) GC(10.03.2022) 3P 4C 3/3