Muthuvel .T v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Muthuvel .... Petitioner Vs.

1. The Deputy Superintendent of Police, Periyakulam Sub-Division, Theni.

2. The Inspector of Police, Periyakulam Police Station, Theni District.

....Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Adal Padal on the eve of Sri Muthalamman Kovil Festival situated at E.Pudupatti, Endapuli Post, Periyakulam, Theni District which is to be held on 06.04.2022 from 05.00 p.m. to 10.00 p.m. based on the petitioner's representation in person, dated 24.03.2022.

For Petitioner : Mr.S.P.Naveen Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to conduct the cultural programme (i.e.) Adal Padal on the eve of Sri Muthalamman Kovil Festival situated at E.Pudupatti, Endapuli Post, Periyakulam, Theni District which is to be held on 06.04.2022 from 05.00 p.m. to 10.00 p.m. based on the petitioner's representation in person, dated 24.03.2022.

2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

1/3

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:

"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 cultural programme (i.e.) Adal Padal between 6.00 p.m., and 11.00 p.m., at Sri Muthalamman Kovil Festival situated at E.Pudupatti, Endapuli Post, Periyakulam, Theni District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) btr To

1. The Deputy Superintendent of Police, Periyakulam Sub-Division, Theni.

2/3

2. The Inspector of Police, Periyakulam Police Station, Theni District.

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

+1 CC to M/s.S.P.NAVEENKUMAR, Advocate ( SR-15831[F] dated 31/03/2022 ) 31.03.2022 SVS(CO) GC(05.04.2022) 3P 5C 3/3