Balamurugan 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 Balamurugan ... Petitioner Vs 1.The Superintendent of Police, Trichy District. Trichy.
2.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy 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 the permission and adequate police protection for conducting Aadal Padal Dance Programme schedule to be held on 04.04.2022 in the eve of Arulmigu 'Sri Nallapidari Amman Temple' Panguni festival belongs to Pappapatti, Muthalvarpatti Village, Marungapuri Taluk, Trichy District on the basis of petitioner's representation dated 31.03.2022.
For Petitioner : Mr.T.Vadivelan 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 Respondents to give the permission and adequate police protection for conducting Aadal Padal Dance Programme schedule to be held on 04.04.2022 in the eve of Arulmigu 'Sri Nallapidari Amman Temple' Panguni festival belongs to Pappapatti, Muthalvarpatti Village, Marungapuri Taluk, Trichy District on the basis of petitioner's representation dated 31.03.2022. 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 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:
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'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 04.04.2022 between 6.00 pm., to 11.00 p.m., at Arulmigu 'Sri Nallapidari Amman Temple' Panguni festival belongs to Pappapatti, Muthalvarpatti Village, Marungapuri Taluk, Trichy 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note :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.
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TO 1.The Superintendent of Police, Trichy District.
Trichy.
2.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN WP(MD) No.6150 of 2022 Date : 04.04.2022 SS(CO) GC(04.04.2022) 3P 4C 3/3