Periyasamy .S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Periyasamy ... Petitioner Vs 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Viralimalai Police Station, Viralimalai, Pudukkottai 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 respondents to give permission and police protection to conduct cultural program (Music and Dance) on 03.04.2022 during the temple festival of Arulmigu Vettaikkattu Mariamman Temple situated at Meppothagudi Village, Viralimalai Taluk, Pudukkottai District by considering the representation of the petitioner dated 28.03.2022.

For Petitioner : Mr.S.Sekar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side).

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus, directing the respondents to give permission and police protection to conduct cultural program (Music and Dance) on 03.04.2022 during the temple festival of Arulmigu Vettaikkattu Mariamman Temple situated at Meppothagudi Village, Viralimalai Taluk, Pudukkottai District by considering the representation of the petitioner dated 28.03.2022.

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

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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 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 03.04.2022 between 6.00 pm., to 11.00 p.m., at Arulmigu Vettaikkattu Mariamman Temple situated at Meppothagudi Village, Viralimalai Taluk, Pudukkottai 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(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

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TO 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Viralimalai Police Station, Viralimalai, Pudukkottai District.

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

ORDER IN WP(MD) No.5984 of 2022 Date : 01/04/2022 pk(CO) TR(01.04.2022) 3P 4C 3/3