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Madras High CourtWP(MD)/6334/2022disposed of

Suresh v. The Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD).No.6334 of 2022 Suresh

...Petitioner

Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Alangudi Police Station, Pudukkottai 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 to grant permission to conduct the Aadal Padal programme on 13.04.2022 at around 7.00 pm in the evening, at Sree Veera Vinayagar Temple situated in the petitioner's village Melakarumbirankottai, Alangudi Taluk, Pudukkottai District by considering the petitioner's representation, dated 30.03.2022. For Petitioner : Mr.A.Banumathy For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

ORDER

The prayer in this writ petition is to direct the respondents herein to grant permission to conduct the Aadal Padal programme on 13.04.2022 at around 7.00 pm in the evening, at Sree Veera Vinayagar Temple, Melakarumbirankottai village, Alangudi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 30.03.2022.

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 1/3

Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner 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 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 13.04.2022 between 6.00 p.m., and 11.00 p.m., at Sree Veera Vinayagar Temple, Melakarumbirankottai village, Alangudi Taluk, Pudukkottai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // 11/04/2022 Sub Assistant Registrar(CS) lr To

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

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

2/3

3.

The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.A. BANUMATHY, Advocate ( SR-17543[F] dated 08/04/2022 ) W.P(MD).No.6334 of 2022 06.04.2022 SB(CO) KB(11.04.2022) 3P 5C 3/3