Ashokkumar R 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 R.Ashokkumar ... Petitioner Vs.
1. The Superintendent of Police, Pudukkottai District, Pudukkottai District-622 301.
2. The Inspector of Police, Malaiyur Police Station, Gantharvakottai Taluk, Pudukkottai District-622 301.
... 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 to conduct the cultural programme of Adal Padal on 23.04.2022 at 06.00 PM to 11.00 PM at "Sri Adaikalam Katha Ayyanar Temple festival" Athangaraividuthy Village, Tuvar Post, Gantharvakottai Taluk, Pudukottai District by consider and pass orders on the representation, dated 04.04.2022 made by the petitioner within the time frame as may be fixed by this Hon'ble Court.
For Petitioner : Mr.K.Sridhar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 & R2
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 the cultural program (ie.,) Adal Padal on 23.04.2022 at 07.00 pm to 10.00 pm in the evening of Arulmigu Sri Vali Vidu Murugan Thirukovil, New Street, Sivagangai District, Sivagangai.
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 23.04.2022 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 programme of Adal Padal on 23.04.2022 between 6.00 p.m., to 11.00 p.m., at "Sri Adaikalam Katha Ayyanar Temple festival" Athangaraividuthy Village, Tuvar Post, Gantharvakottai Taluk, Pudukottai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CO) // True Copy // 22/04/2022 Sub Assistant Registrar(CS) btr/aav 2/3
To
1. The Superintendent of Police, Pudukkottai District, Pudukkottai District-622 301.
2. The Inspector of Police, Malaiyur Police Station, Gantharvakottai Taluk, Pudukkottai District-622 301.
3. The Joint Secretary to Government, CMPRF (Finance Department), Secretariat, Chennai-9.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K. SRIDHAR, Advocate ( SR-18195[F] dated 12/04/2022 ) W.P (MD).No.6884 of 2022 12.04.2022 RK(22/04/2022) 3P 6C 3/3