Madras High CourtWP(MD)/6338/2022disposed of

Kubendhiran v. The Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No. 6338 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 6338 of 2022 Kubendhiran .... Petitioner Vs.

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

2. The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.

....Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to give the permission and adequate police protection for conducting Adal Padal Dance Programme scheduled to be held on 06.04.2022 in the eve of Arulmigu 'Sri Pillamanaicker Temple' Kumpabishegam festival belongs to E.Kottaipatti, Peraiyur Taluk, Madurai District on the basis of the petitioner's representation, dated 01.04.2022. For Petitioner : Mr.T.Vadivelan For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents herein to give permission and adequate police protection for conducting Adal Padal Dance Programme, which is scheduled to be held on 06.04.2022 in the eve of Arulmigu 'Sri Pillamanaicker Temple' Kumpabishegam festival situated at E.Kottaipatti, Peraiyur Taluk, Madurai District, on the basis of the petitioner's representation, dated 01.04.2022.

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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No. 6338 of 2022 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 06.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu 'Sri Pillamanaicker Temple' situated at E.Kottaipatti, Peraiyur Taluk, Madurai District, subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // 06/04/2022 Sub Assistant Registrar(CS-II) lr To

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

2. The Inspector of Police, Elumalai Police Station, Elumalai, Madurai District.

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

W.P (MD).No.6338 of 2022 06.04.2022 KM(CO) GC(06.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2