Vijayakumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vijayakumar ... Petitioner Vs.
1. The Superintendent of Police, Karur District, Karur.
2. The Deputy Superintendent of Police, Aravakurichi, Karur District.
3. The Inspector of Police, Aravakurichi Police Station, Karur District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent herein to grant permission to conduct the "Aadalum Paadalum" dance Programme on 16.04.2022 in pursuant to the "Chithrai Perun Thiruvizha" in "Arulmigu Muthumariamman Temple", situated at Seethapatti Colony, Kodaiyur, Aravakurichi Taluk, Karur District, by considering the petitioner's representation, dated 07.04.2022. For Petitioner : Mr.J.Sivaram For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
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 conduct the "Aadalum Paadalum" dance Programme on 16.04.2022 in pursuant to the "Chithrai Perun Thiruvizha" in "Arulmigu Muthumariamman Temple", situated at Seethapatti Colony, Kodaiyur, Aravakurichi Taluk, Karur District, by considering the petitioner's representation, dated 07.04.2022.
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 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 16.04.2022 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 "Aadalum Paadalum" dance Programme on 16.04.2022 between 6.00 p.m., to 11.00 p.m., at "Arulmigu Muthumariamman Temple", situated at Seethapatti Colony, Kodaiyur, Aravakurichi Taluk, Karur District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) btr/aav To
1. The Superintendent of Police, Karur District, Karur.
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2. The Deputy Superintendent of Police, Aravakurichi, Karur District.
3. The Inspector of Police, Aravakurichi Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.SIVARAM, Advocate ( SR-18072[F] dated 12/04/2022 ) W.P (MD).No.6779 of 2022 12.04.2022 SS(CO) GC(13.04.2022) 3P 7C 3/3