Sundarapandian S v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Sundarapandian .... Petitioner Vs.

1. The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.

2. The Inspector of Police, Ayyapuram Police Station, Tenkasi District.

....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to grant permission and necessary protection to perform the cultural programme ( i.e.) Adal Padal ( Kacheri ) on the eve of Sri MahaSakthi Kaliamman Kovil Festival situated at Kalppalankulam, Thiruvenkadam Taluk, Tenkasi District which is to be held on 08.04.2022 from 07.00p.m. to 11.00 p.m based on petitioner's representation in person dated 29.03.2022.

For Petitioner : Mr.S.P.Veerapandi For Respondents: Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and necessary protection to perform the cultural programme ( i.e.) Adal Padal ( Kacheri ) on the eve of Sri MahaSakthi Kaliamman Kovil Festival situated at Kalppalankulam, Thiruvenkadam Taluk, Tenkasi District which is to be held on 08.04.2022 from 07.00p.m. to 11.00 p.m based on petitioner's representation in person dated 29.03.2022.

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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: "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 allowed. 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 08.04.2022 between 6.00 p.m., and 11.00 p.m., at Kalppalankulam, Thiruvenkadam Taluk, Tenkasi District subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar(AS) /TRUE COPY/ 07/04/2022 Sub Assistant Registrar(CS) aav 2/3

To

1. The Deputy Superintendent of Police, Sankarankovil Sub-Division, Tenkasi District.

2. The Inspector of Police, Ayyapuram Police Station, Tenkasi District.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R. VEERAPANDI, Advocate ( SR-17316[F] dated 07/04/2022 ) 07.04.2022 MK/07.04.2022/3P/5C 3/3