Manoharan.C v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 4052 of 2022 C.Manoharan .... Petitioner Vs.
1. The Superintendent of Police, Karur District, Karur.
2. The Inspector of Police, Balavidhuthi Police Station, Balavidhuthi, Karur District.
....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to give permission and adequate police protection for peaceful performance of Arulmigu 'Sri Kaliyamman Temple' Kumbabhiseka Vizha scheduled to be conducted on 15.04.2022 in Rayappagoundanur, Sembiyanatham Village, Kadavur Temple, Karur District and consider the petitioner's representation dated 01.03.2022. For Petitioner : Mr.S.Dilip Kumar For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents to give permission and adequate police protection for peaceful performance of Arulmigu 'Sri Kaliyamman Temple' Kumbabhiseka Vizha scheduled to be conducted on 15.04.2022 in Rayappagoundanur, Sembiyanatham Village, Kadavur Temple, Karur District and consider the petitioner's representation dated 01.03.2022. 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 1/3
said conditions read as follows:
"a)The event shall be conducted in an organised and peaceful manner without causing law and order problem. b)The Kumbabibhiseka vizha shall be restricted between between 5.00 am., and 02.00 p.m.
c)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. d)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 e) 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 15.04.2022 between between 5.00 am., and 02.00 p.m., at Rayappagoundanur, Sembiyanatham Village, Kadavur Temple, Karur District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aa To
1. The Superintendent of Police, Karur District, Karur.
2. The Inspector of Police, Balavidhuthi Police Station, Balavidhuthi, Karur District.
3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 2/3
+1 CC to M/s.S.DILIPKUMAR, Advocate ( SR-10760[F] dated 09/03/2022 ) W.P (MD).No.4052 of 2022 07.03.2022 CK(CO) KB(30.03.2022) 3P 5C 3/3