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Madras High CourtWP(MD)/5941/2022disposed of

Senthilkumar .V v. The Superintendent Of Police

2022-04-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Senthilkumar ... Petitioner Vs 1.The Superintendent of Police, O/o. Superintendent of Police, Madurai Rural, Madurai District.

3.The Sub Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to give the permission and police protection for conducting of Arulmigu Sri Pathrakaliyamman Temple at Valaiyapatti, Usilampatti Post & Taluk, Madurai District for conducting of festival from 08.04.2022 to 10.04.2022 and also conducting of cultural programs on the festival days on 08.04.2022 Harichandra Nadagam and on 09.04.2022 Ulloor Kalai Nigazhchigal and on 10.04.2022 Aadal Paadal on the night at about 7.00 p.m. in our village based upon petitioner's representation dated 26.03.2022 to the second respondent.

For Petitioner : M/s.B. Chandran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side).

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus directing the second respondent to give the permission and police protection at Arulmigu Sri Pathrakaliyamman Temple at Valaiyapatti, 1/4

Usilampatti Post & Taluk, Madurai District for conducting of festival from 08.04.2022 to 10.04.2022 and also conducting of cultural programs on the festival days on 08.04.2022 Harichandra Nadagam and on 09.04.2022 Ulloor Kalai Nigazhchigal and on 10.04.2022 Aadal Paadal on the night at about 7.00 p.m. in our village based upon petitioner's representation dated 26.03.2022 to the second respondent.

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:

'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 6.00 p.m. 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. The petitioner is directed to pay a sum of Rs.15,000/-(Rupees Fifteen thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 05.04.2022 and on receipt of the same, 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 from 08.04.2022 to 10.04.2022 between 6.00 pm., to 2/4

11.00 p.m., at Arulmigu Sri Pathrakaliyamman Temple at Valaiyapatti, Usilampatti Post & Taluk, Madurai District subject to the aforesaid conditions.

5.With the above directions, this Writ Petition disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // 06/04/2022 Sub Assistant Registrar(CS) PNM Note : Issue copy of order on or before 06.04.2022

2. In 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 Superintendent of Police, O/o. Superintendent of Police, Madurai Rural, Madurai District.

2.The Sub Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

3.The Joint Secretary to Government, The Government of Tamil Nadu, Finance Department, CMPRE, Secretariat, Chenna - 9.

3/4

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

+1 CC to M/s.B.CHANDRAN, Advocate ( SR-15971[F] dated 01/04/2022 )

ORDER

IN WP(MD) No.5941 of 2022 Date : 01/04/2022 SB(CO) PA(06.04.2022) 4P 6C 4/4