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Madras High CourtWP(MD)/6106/2022disposed of

Manickam v. The Superintendent Of Police

2022-04-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM

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

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

2. The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy 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 1 and 2 to give permission and adequate police protection for distribution of Annadhanam and conduct Siruthondar Drama on 15.04.2022 and 16.04.2022 in the eve of Chitra Powrnami Festival in front of Mahamariamman Temple Ammankudi Village, Thottiyam Taluk, Trichy District and consider the representation of the petitioner, dated 28.03.2022.

For Petitioner : M/s.K.Arunraj For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The Writ Petition has been filed in the nature of Writ of Mandamus, seeking a direction to the second respondents 1 and 2 to give permission and adequate police protection for distribution of Annadhanam and conduct Siruthondar Drama on 15.04.2022 and 16.04.2022 in the eve of Chitra Powrnami Festival in front of Mahamariamman Temple Ammankudi Village, Thottiyam Taluk, Trichy District and consider 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.

(*)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 1/3

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.5,000/-(Rupees Five 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 13.04.

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 to distribute Annadhanam and conduct the Siruthondar Drama on 15.04.2022 and 16.04.2022 between 6.00 p.m., to 11.00 p.m., at Mahamariamman Temple, Ammankudi Village, Thottiyam Taluk, Trichy District subject to the aforesaid conditions. There shall be no order as to costs. 5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD I) (*)Amended as per order of this Court dated 12.04.2022 made in WP(MD).6106 of 2022 Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To (*) to be substituted the order already despatched on 05.04.2022

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

2. The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District.

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

Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

04.04.2022 RS(05.04.2022) 3P-4C TR(12.04.2022) 3P 5C 3/3