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Madras High CourtWP(MD)/4468/2022disposed of

Murugesan.K v. The Deputy Superintendent Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugesan.K ... Petitioner Vs

1. The Deputy Superintendent Of Police, Vallam, Thanjavur, Thanjavur District..

2. The Inspector of Police, Taluk Police Station, Thanjavur , Thanjavur District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the Petitioner's representation dated 03.03.2022 and further to grant permission to conduct traditional cultural event ( Gramiya Isai and Adal Padal ) Programme on 11.03.2022to 19.03.2022 from 6.00 p.m. to 11.00 p.m. in Arulmigu Sri Angala Eswari Muneeswarar Alayam , Anna Nagar, Vilar Salai, Navalar Nagar, Thanjavur.

For Petitioner : M/s Rajiv Rufus.V, For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 & R2

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the 2nd Respondent to consider the Petitioner's representation dated 03.03.2022 and further to grant permission to conduct traditional cultural event ( Gramiya Isai and Adal Padal ) Programme on 11.03.2022 to 19.03.2022 from 6.00 p.m. to 11.00 p.m. in Arulmigu Sri Angala Eswari Muneeswarar Alayam, Anna Nagar, Vilar Salai, Navalar Nagar, Thanjavur.

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:

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'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 with cost. 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 traditional cultural event ( Gramiya Isai and Adal Padal ) Programme on 11.03.2022 to 19.03.2022 from 6.00 p.m. to 11.00 p.m. at in Arulmigu Sri Angala Eswari Muneeswarar Alayam, Anna Nagar, Vilar Salai, Navalar Nagar, Thanjavur'' subject to the aforesaid conditions. The petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand), in favour of the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai on 11.03.2022.

Sd/- Assistant Registrar(AS) /TRUE COPY/ 11/03/2022 Sub Assistant Registrar(CS) PNM 2/3

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, Vallam, Thanjavur, Thanjavur District..

2. The Inspector of Police, Taluk Police Station, Thanjavur , Thanjavur District.

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

+1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-11662[F] dated 11/03/2022 )

ORDER

IN WP(MD) No.4468 of 2022 Date : 11.03.2022 MK/11.03.2022/3P/5C 3/3