Karthikai Prabhakaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Karthikai Prabhakaran .. Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District.
3.The Sub Inspector of Police, Ilayankudi Police Station, Sivagangai District.
.. Respondents Prayer: Petitioner filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant permission for providing "Annathanam" on 18.03.2022 in pursuance of the temple festival of the "Arulmigu Velmurugan Kovil", situated at Thiruvudaiyaar Village, Ilayangudi Taluk, Sivagangai District by providing adequate police protection. For Petitioner : Mr.V.A.Dhana Aravindha Balaji For Respondents : Mr.R.M.Anbunithi, Addl. Public Prosecutor.
O R D E R
The prayer in this writ petition to direct the respondents to grant permission for providing "Annathanam" on 18.03.2022 in pursuance of the temple festival of the "Arulmigu Velmurugan Kovil", situated at Thiruvudaiyaar Village, Ilayangudi Taluk, Sivagangai District by providing adequate police protection. 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 event shall be restricted between 06.00 a.m. and 10.00 p.m.
d)If there is any violation of the above said conditions, the respondent police 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 third 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 for providing "Annathanam" in connection with the temple festival of "Arulmigu Velmurugan Kovil" on 18.03.2022 between 06.00 am., to 10.00 p.m., at Thiruvudaiyaar Village, Ilayangudi Taluk, Sivagangai District, subject to the aforesaid conditions. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar 2/3
To:
1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District.
3.The Sub Inspector of Police, Ilayankudi Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.A.DHANA ARAVINDHA BALAJI, Advocate ( SR-12421[F] dated 16/03/2022 ) 16.03.2022 ias MS/17.03.2022/3P.6C 3/3