Kannan 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 Kannan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Alangudy, Pudukkottai District.

2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai 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 and protection for cultural event namely Adalpadal scheduled to be held on 15.03.2021 at night in connection with ''Panguni Uthiram Festival'' in Arulmigu Sri Balasubramania Swamy Temple at Senthangudi Village, Alangudy Taluk, Pudukkottai District, by consider the petitioner's representation dated 23.02.2022.

For Petitioner : Mr.E.Balasubramanian For R1 & 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 and protection for cultural event namely, Adalpadal, which is scheduled to be held on 15.03.2022 at night in connection with ''Panguni Uthiram Festival'' in Arulmigu Sri Balasubramania Swamy Temple at Senthangudi Village, Alangudy Taluk, Pudukkottai District, by consider the petitioner's representation dated 23.02.2022. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

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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 disposed of. 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 15.03.2022 between 6.00 am., to 11.00 p.m., at Arulmigu Sri Balasubramania Swamy Temple at Senthangudi Village, Alangudy Taluk, Pudukkottai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (C.S.III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To 1.The Deputy Superintendent of Police, Alangudy, Pudukkottai District.

2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

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

11.03.2022 SA(14.03.2022) 3P 5C 3/3