T. Swaminathan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Swaminathan .. Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Deputy Superintendent of Police Valliyur, Tirunelveli District.
3.The Inspector of Police, Panakudi Police Station, Panakudi, Tirunelveli District.
4.The Sub Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.
5.N.Iyyappan ..Respondents Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents police to give police protection on the occasion of the Panguni Uthiram Festival on 18.03.2002 to the petitioner in Poosasthan Temple, South Karunkulam, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.K.Sathiya Singh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R4
O R D E R
The prayer in this writ petition is to direct the respondent police to give police protection on the occasion of the Panguni Uthiram Festival on 18.03.2002 to the petitioner in Poosasthan Temple, South Karunkulam, Radhapuram Taluk, Tirunelveli District. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 4.
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, 1/3
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 program shall be restricted between 6.00 p.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 'Panguni Uthiram Festival' on 18.03.2022 between 6.00 pm., to 11.00 p.m., at ''Poosasthan Temple'' at South Karunkulam, Radhapuram Taluk, Tirunelveli District, subject to the aforesaid conditions. No cost.
Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 2/3
To:
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Deputy Superintendent of Police Valliyur, Tirunelveli District.
3.The Inspector of Police, Panakudi Police Station, Panakudi, Tirunelveli District.
4.The Sub Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-12056[F] dated 15/03/2022 ) W.P (MD).No.4556 of 2022 15.03.2022 ARK(CO) GC(15.03.2022) 3P 7C 3/3