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Madras High CourtWP(MD)/6350/2022disposed of

Ganesan. K v. The Deputy 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 K.Ganesan

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Peraiyur,

2. The Inspector of Police, T.Kalluppatti Police Station, Peraiyur Taluk,

3. The Sub Inspector of Police, Nagaiahpuram Police Station, Peraiyur Taluk,

...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 and protection to conduct the cultural programme (i.e) Adal Padal on 15.04.2022 at 7 p.m to 11 p.m at Arulmigu Sri Krishnan Temple Deepa Dharisanam Vizha at A.Thottiyappatti Village, Peraiyur Taluk, Madurai District in pursuant to the petition dated 31.03.2022.

For Petitioner : Mr.S.Pandiyaraj For R1 to R3 : 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 and protection to conduct the cultural programme (i.e) Adal Padal on 15.04.2022 at 7 p.m to 11 p.m in Arulmigu Sri Krishnan Temple Deepa Dharisanam Vizha at A.Thottiyappatti Village, Peraiyur Taluk, Madurai District in pursuant to the petition dated 31.03.2022.

1/3

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 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 15.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu Sri Krishnan Temple situated at A.Thottiyappatti Village, Peraiyur Taluk, Madurai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar(AS) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) lr To

1. The Deputy Superintendent of Police, Peraiyur, 2/3

2. The Inspector of Police, T.Kalluppatti Police Station, Peraiyur Taluk,

3. The Sub Inspector of Police, Nagaiahpuram Police Station, Peraiyur Taluk, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

06.04.2022 MK/07.04.2022/3P/5C 3/3