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Madras High CourtWP(MD)/6673/2022disposed of

Ayyankalai S v. The Superintendent Of Police

2022-04-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM

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

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

2. The Deputy Superintendent of Police, Office of the Superintendent of Police, Samayanallur, Madurai District.

3. The Inspector of Police, Vadipatti Police Station, 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 grant permission and necessary protection to perform cultural programmes of "Adal Padal programme" and scheduled to be held on 14.04.2022 in the temple festival of Arulmigu Sri Santhanamari Amman Kovil at Sanampatti Village, Pandiarajapuram Post, Vadipatti Taluk, Madurai District.

For Petitioner : Mr.S.Nowsath Ali For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R3

O R D E R

The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to perform cultural programmes of "Adal Padal programme" and scheduled to be held on 14.04.2022 in the temple festival of Arulmigu Sri Santhanamari Amman Kovil at Sanampatti Village, Pandiarajapuram Post, Vadipatti 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 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 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, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 14.04.2022 and on receipt of the same, the third 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 programmes of "Adal Padal programme" on 14.04.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Sri Santhanamari Amman Kovil at Sanampatti Village, Pandiarajapuram Post, Vadipatti Taluk, Madurai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) btr/mga 2/3

To

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

2. The Deputy Superintendent of Police, Office of the Superintendent of Police, Samayanallur, Madurai District.

3. The Inspector of Police, Vadipatti Police Station, Madurai District.

4.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.

+1 CC to M/s.S. NAWSATH ALI, Advocate (SR-17714[F] dated 11/04/2022) W.P (MD).No.6673 of 2022 11.04.2022 km(CO) GC(12.04.2022) 3P 7C 3/3