Rajendran.C v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Rajendran .... Petitioner Vs.

1. The Superintendent of Police, Tenkasi District, Tenkasi

2. The Deputy Superintendent of Police Sankarankovil, Tenkasi District

3. The Inspector of Police Kuruvikulam Police Station Tenkasi District ....Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 3rd respondent to grant permission to conduct Innisai Katcheri (Music Concert) on 08.03.2022 at about 6.30 pm., in Kuruvikulam Village, Thiruvenkadam Taluk, Tenkasi District by considering the petitioner's representation dated 24.02.2022 For Petitioner : Mr.M. Bema Rao For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the 3rd respondent to grant permission to conduct Innisai Katcheri (Music Concert) on 08.03.2022 at about 6.30 pm., in Kuruvikulam Village, Thiruvenkadam Taluk, Tenkasi District by considering the petitioner's representation dated 24.02.2022 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 1/3

Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner to conduct Innisai Kacheri 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 songs during the performance by any one of the participants or others. c)The Innisai Kacheri 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 Innisai Kacheri on 08.03.2022 between 6.00 pm., and 11.00 p.m., at at Kuruvikulam Village, Thiruvenkadam Taluk, Tenkasi District subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police, Tenkasi District, Tenkasi 2/3

2. The Deputy Superintendent of Police Sankarankovil, Tenkasi District

3. The Inspector of Police Kuruvikulam Police Station Tenkasi District.

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

+1 CC to M/s.M.BEEMA RAO, Advocate ( SR-10507[F] dated 08/03/2022 ) W.P (MD).No.4130 of 2022 08.03.2022 smv(CO) GC(08.03.2022) 3P 6C 3/3