Loganathan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 4452 of 2022 Loganathan .... Petitioner Vs.
1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police,
2. The Inspector of Police, Thiruvaiyaru Police Station, ....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents No.1 and 2 to grant necessary permission and provide adequate police protection for conducting the Adal Paadal program on 16.03.2022 from 09.00PM to 11.00PM as part of annual temple festival of Sri Vaathalai Amman Kovil situated at Akilandapuram Ammal Akraharam, Thiruvaiyaru Taluk, Thanjavur District on the basis of the petitioners representation dated 09.03.2022.
For Petitioner : Mr.T.Indrachithu 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 No.1 and 2 to grant necessary permission and provide adequate police protection for conducting the Adal Paadal program on 16.03.2022 from 09.00PM to 11.00PM as part of annual temple festival of Sri Vaathalai Amman Kovil situated at Akilandapuram Ammal Akaharam , Thiruvaiyaru Taluk, Thanjavur District on the basis of the petitioners representation dated 09.03.2022.
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 aadal padal 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 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 16.03.2022 between 6.00 p.m., to 11.00 p.m., at Sri Vaathalai Amman Kovil situated at Akilandapuram Ammal Akaharam , Thiruvaiyaru Taluk, Thanjavur District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To
1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 2/3
2. The Inspector of Police, Thiruvaiyaru Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-12017[F] dated 14/03/2022 ) W.P (MD).No.4452 of 2022 14.03.2022 ark(CO) TR(15.03.2022) 3P 5C 3/3