Kathirvel v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Kathirvel
...Petitioner
Vs.
1. The Superintendent of Police, Karur District, Karur.
2. The Sub Inspector of Police, Thennilai Police Station, Karur 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 and protection for cultural event namely Adal Padal scheduled to be held on 12.04.2022 at night in connection with Panguni festival in Arulmigu Sri Bagavathiamman Temple at Valanaickanpatti, Thennilai South, Karur District, by consider he petitioners representation dated 18.03.2022.
For Petitioner : Mr.R.Pon Karthikeyan 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 and protection for cultural event namely, Adal Padal programme, which is scheduled to be held on 12.04.2022 at night in connection with Panguni festival in Arulmigu Sri Bagavathiamman Temple, Valanaickanpatti, Thennilai South, Karur District, by consider he petitioners representation dated 18.03.2022.
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 petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai on or before 12.04.2022 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 12.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu Sri Bagavathiamman Temple, Valanaickanpatti, Thennilai South, Karur District subject to the aforesaid conditions. Sd/- Assistant Registrar (Records) // True Copy // 11/04/2022 Sub Assistant Registrar(CS-II) lr To
1. The Superintendent of Police, Karur District, Karur.
2. The Sub Inspector of Police, Thennilai Police Station, Karur District.
2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R. PONKARTHIKEYAN, Advocate ( SR-17848[F] dated 11/04/2022 ) 08.04.2022 SRR(CO) GC(11.04.2022) 3P 6C 3/3