Subbaiah.S v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Subbaiah ... Petitioner Vs 1.The Deputy Superintendent of Police, Devakottai, 2.The Inspector of Police, Velayutha Pattinam Police Station, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant permission to conduct the "Aadal Padal" programme on 31.03.2022 at 06.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmighu Sri Muthu Mariamman Thirukovil at Kottavayal Village, Devakottai Taluk, Sivagangai District and to provide police protection.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to grant permission to conduct the "Aadal Padal" programme on 31.03.2022 at 06.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmighu Sri Muthu Mariamman Thirukovil at Kottavayal Village, Devakottai Taluk, Sivagangai District and to provide police protection.

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 1/3

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 06.00 p.m. to 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 "Aadal Padal" on 31.03.2022 from 06.00 pm to 11.00 pm in Arulmigu Sri Muthu Mariamman Thirukovil at Kottavayal Village, Devakottai Taluk, Sivagangai District, subject to the aforesaid conditions. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // 29/03/2022 Sub Assistant Registrar(CS) To:

1.The Deputy Superintendent of Police, Devakottai, 2/3

2.The Inspector of Police, Velayutha Pattinam Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

WP(MD) No.5168 of 2022 Date : 24.03.2022 ias MS/29.03.2022/3P.4C 3/3