Muthu .K v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Muthu ... Petitioner Vs.
1. The Superintendent of Police, Office of the Superintendent of Police,
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.
3. The Inspector of Police, Usilampatti Police Station, ....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents 1 to 3 to permit the petitioner to conduct the festival and cultural events, which is scheduled on 07.04.2022 (Valli Thirumana Nadagam) and 08.04.2022 (Adal Padal) in Sri Santhanamariyamman Temple, Kavandanpatti, Usilampatti Taluk of Madurai District. For Petitioner : MR.Ramsundarvijayraj, Advocate for M/s.Veera Associates For Respondent : Mr.R.M.Anbunithi Nos.1 to 3 Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents 1 to 3 to permit the petitioner to conduct the festival and cultural events, which is scheduled to be held on 07.04.2022 (Valli Thirumana Nadagam) and 08.04.2022 (Adal Padal) in Sri Santhanamariyamman Temple, Kavandanpatti, Usilampatti Taluk, Madurai District. 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 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 disposed of. The petitioner is directed to pay a sum of Rs.10,000/-(Rupees Ten thousand only) as costs to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai on or before 06.04.2022 and on receipt of the same, the third 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 07.04.2022 and 08.04.2022 between 6.00 p.m., and 11.00 p.m., at Sri Santhanamariyamman Temple, Kavandanpatti, Usilampatti Taluk of Madurai District, subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) lr To
1. The Superintendent of Police, Office of the Superintendent of Police, 2/3
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.
3. The Inspector of Police, Usilampatti Police Station, 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
copy to:
THE OFFICER INCHARGE, HIGH COURT LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-16416[F] dated 04/04/2022 ) W.P (MD).No.6075 of 2022 04.04.2022 MK/04.04.2022/3P/7C 3/3