Ilaiyaraja.R v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.Ilaiyaraja
...Petitioner
Vs.
1.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
2.The Inspector of Police, Thondi Police Station, Ramanathapuram District.
...Respondents
Prayer : Writ Petition 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 conduct the ''Adal Padal'' Programme on 13.03.2022 at 06.00pm to 11.00pm in connection with ''Thiru Vizha'' of Arulmigu Sri Muthu Mariamman Thirukovil at Pudubaiyur Village, Thiruvetriyur post, Thiruvadanai Taluk, Ramanathapuram District and to provide police protection. For Petitioner : Mr.V.Manikandan For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
The Writ Petition has been filed in the nature of Mandamus, seeking a direction to the respondents to grant permission to conduct the ''Adal Padal'' Programme on 13.03.2022 at 06.00pm to 11.00pm in connection with ''Thiru Vizha'' of Arulmigu Sri Muthu Mariamman Thirukovil at Pudubaiyur Village, Thiruvetriyur post, Thiruvadanai Taluk, Ramanathapuram District and to provide police protection.
2.When the matter is taken up for hearing, the learned Additional Public Prosecutor stated that law and order problem may arise in the festival.
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3.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
4.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.'
5.This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of.
6.However, the Petitioner is directed to file an undertaking affidavit stating that the petitioner or any other villagers shall not indulge in any untoward illegal activities at the time of the programme which is scheduled to be held on 13.03.2022. If any untoward incident happens, the second respondent is directed to register the case as against the accused persons and take appropriate action and further 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 2/3
cultural program on 13.03.2022 between 8.00 am., to 11.00 p.m., at Arulmigu Sri Muthu Mariamman Thirukovil at Pudubaiyur Village, Thiruvetriyur post, Thiruvadanai Taluk, Ramanathapuram District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
2.The Inspector of Police, Thondi Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.V.MANIKANDAN, Advocate, SR.No.11682 11.03.2022 SA(11.03.2022) 3P 5C 3/3