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Madras High CourtWP(MD)/5638/2022disposed of

Mookkandi v. The Superintendent Of Police

2022-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD).No.5638 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD).No.5638 of 2022 Mookkandi ... Petitioner Vs.

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

2. The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to give the permission and adequate police protection for conducting Adal Padal Dance Programme schedule to be held on 06.04.2022 in the eve of Arulmigu "Sri Kaliyamman Temple" Panguni festival belongs to Vinobaji Nagar, Devarappanpatti Village and post, Athoor Taluk, Dindigul District on the basis of the petitioner's representation, dated 25.03.2022. For Petitioner : Mr.C.Selvaraj For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to conduct the Adal Padal Dance Programme schedule to be held on 06.04.2022 in the eve of Arulmigu "Sri Kaliyamman Temple" Panguni festival belongs to Vinobaji Nagar, Devarappanpatti Village and post, Athoor Taluk, Dindigul District on the basis of the petitioner's representation, 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 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:

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.5638 of 2022 "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 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 Adal Padal Dance Programme on 06.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu "Sri Kaliyamman Temple" Panguni festival belongs to Vinobaji Nagar, Devarappanpatti Village and post, Athoor Taluk, Dindigul District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District.

+1 CC to M/s.C.SELVARAJ, Advocate ( SR-15321[F] dated 30/03/2022 ) W.P.(MD).No.5638 of 2022 30.03.2022 SS/05.04.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2