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Madras High CourtWP(MD)/6538/2022disposed of

Kasi v. The Superintendent Of Police

2022-04-08Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Kasi

...Petitioner

Vs.

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

2. The Inspector of Police, Vikramangalam Police Station, Madurai 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 accord permission and provide adequate police protection for conducting Aadal Padal cultural program which is scheduled to be taken place on 09.04.2022 in connection with the Panguni Pongal Festival of Sri Manthai Amman Temple at V.Kalpulichanpatti Village, Vikramangalam post, Usilampatti Taluk, Madurai District.

For Petitioner : Mr.M.Pitchaimuthu 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 accord permission and provide adequate police protection for conducting Aadal Padal cultural program which is scheduled to be taken place on 09.04.2022 in connection with the Panguni Pongal Festival of Sri Manthai Amman Temple at V.Kalpulichanpatti Village, Vikramangalam post, Usilampatti Taluk, Madurai District. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

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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 petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 09.04.2022 and on receipt of the same, 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 09.04.2022 between 6.00 p.m., and 11.00 p.m., at Sri Manthai Amman Temple at V.Kalpulichanpatti Village, Vikramangalam post, Usilampatti Taluk, Madurai District subject to the aforesaid conditions.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To

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

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

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

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.

08.04.2022 KS(CO) GC(08.04.2022) 3P 5C 3/3