Karuppaiah.K v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP(MD).No.4292 of 2022 K.Karuppaiah ... Petitioner Vs

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirupathur, Sivagangai District.

2. The Inspector of Police, Kandavarayanpatti Police Station, Kandavarayanpatti, Sivagangai District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the respondents to grant permission to perform the program Adal Padal Cultural Proram on 24.03.2022 night at about 6.00 p.m to 11.00 p.m at Oorkulathanpatti village, Arulmigu Sri Malaiyarasi Amman Temple, Oorkulathanpatti Village, Thirupathur Taluk, Sivagangai District, and to provide adequate police protection based on the petitioner's representation dated 04.03.2022.

For Petitioner : Mr.K.Sridhar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side).

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to grant permission to perform the program Adal Padal Cultural Proram on 24.03.2022 night at about 6.00 p.m to 11.00 p.m at Oorkulathanpatti village, Arulmigu Sri Malaiyarasi Amman Temple, Oorkulathanpatti Village, Thirupathur Taluk, Sivagangai District, and to provide adequate police protection based on the petitioner's representation dated 04.03.2022. 1/3

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:

'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 Adal Padal Cultural Proram on 24.03.2022 night at about 6.00 p.m to 11.00 p.m at Oorkulathanpatti village, Arulmigu Sri Malaiyarasi Amman Temple, Oorkulathanpatti Village, Thirupathur Taluk, Sivagangai 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 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 the Deputy Superintendent of Police, Thirupathur, Sivagangai District.

2. The Inspector of Police, Kandavarayanpatti Police Station, Kandavarayanpatti, Sivagangai District.

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

+1 CC to M/s.K.SRIDHAR, Advocate ( SR-11900[F] dated 14/03/2022 ) ORDER IN WP(MD) No.4292 of 2022 Date : 10/03/2022 PNM MS/17.03.2022/3P.5C 3/3