Chinniya.S v. The Deputy Superintendent Of Police
W.P(MD)No.5289 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.5289 of 2022 Chinniya ... Petitioner Vs 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.
2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondent to grant permission and protection for cultural event, namely, Adalpadal scheduled to be held on 04.05.2022 at night in connection with "Chithirai Festivel" in Arulmigu Sri Muthumariamman Temple at Peerkalaikadu, Karaikudi Taluk, Sivagangai District, by consider the petitioner's representation, dated 07.03.2022. For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)
ORDER
The prayer in this writ petition is to direct the respondent to grant permission and protection for cultural event, namely, Adalpadal scheduled to be held on 04.05.2022 at night in connection with "Chithirai Festivel" in Arulmigu Sri Muthumariamman Temple at Peerkalaikadu, Karaikudi Taluk, Sivagangai District, by consider the petitioner's representation, dated 07.03.2022. 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:
"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. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.5289 of 2022 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.
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 04.05.2022 between 8.00 am., to 11.00 p.m., in Arulmigu Sri Muthumariamman Temple at Peerkalaikadu, Karaikudi Taluk, Sivagangai District, subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga NoteIn 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, Karaikudi,Sivagangai District.
2.The Inspector of Police, Sakkottai Police Station, Sivagangai District.
3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai W.P(MD)No.5289 of 2022 25.03.2022 CK(CO) KB(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2