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Madras High CourtWP(MD)/5562/2022disposed of

Veerasangan v. The Superintendent Of Police

2022-03-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM

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

1. The Superintendent of Police, Trichirappalli District, Trichirappalli.

2. The Deputy Superintendent of Police, Manapparai, Trichirappalli District.

3. The Inspector of Police, Manapparai Police Station, Trichirappalli District.

....Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 3rd respondent to grant permission to perform cultural event namely Aadal-Padal and Kalai Nigaltchi held on 30.03.2022 to 02.04.2022 in connection with the temple festival namely Arulmigu Sree Sakthi Mariamman Kovil situated at V.Poosaripatti , Manjampatti Via, Manapparai Taluk, Trichirappalli District on the basis of the representation of the petitioner dated 25.03.2022. For Petitioner : Mr.K.Kevin Karan, Advocate For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the third respondent to grant permission to perform cultural event namely Aadal-Padal and Kalai Nigaltchi to be held on 30.03.2022 to 02.04.2022 in connection with the temple festival namely Arulmigu Sree Sakthi Mariamman Kovil situated at V.Poosaripatti , Manjampatti Via, Manapparai Taluk, Trichirappalli District on the basis of the representation of the petitioner dated 25.03.2022 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 1/3

Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner therein 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 aadal padal Program shall be restricted between 6.00 pm., and 11.00 p.m.

d)If there is any violation of the above said conditions, the respondents 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 petitioner is directed to pay a sum of Rs.20,000/-(Rupees Twenty thousand only) as costs to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai on or before 30.03.2022 and on receipt of the same, 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 to conduct the cultural program on 30.03.2022 to 02.04.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Sree Sakthi Mariamman Kovil situated at V.Poosaripatti , Manjampatti Via, Manapparai Taluk, Trichirappalli District subject to the aforesaid conditions. There shall be no order as to costs.

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

1. The Superintendent of Police, Trichirappalli District, Trichirappalli.

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2. The Deputy Superintendent of Police, Manapparai, Trichirappalli District.

3. The Inspector of Police, Manapparai Police Station, Trichirappalli District.

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

5. The Officer Incharge, High Court Legal Service Authority, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.KEVINKARAN, Advocate ( SR-15113[F] dated 29/03/2022 ) W.P (MD).No.5562 of 2022 29.03.2022 SA(29.03.2022) 3P 7C 3/3