Kalaiselvam.K v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Kalaiselvam ... Petitioner Vs.
1. The Superintendent of Police, Tenkasi District, Tenkasi.
2. The Deputy Superintendent of Police, Tenkasi Division, Tenkasi District.
3. The Inspector of Police, Ayikudi Police Station, Tenkasi District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to grant permission and to provide police protection to the Temple Kodai Festival and Karagattam for the temple namely "Arulmighu Eeswari Amman and Arulmighu Seevalaperiyan temple at Kambili, Tenkasi District on 02.05.2022 and 05.05.2022 by considering the petitioner's representation, dated 08.04.2022. For Petitioner : Mr.V.M.Jegadeeshapandian For Respondents : Mr.R.M.Anbunithi No.1 to 3 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 Temple Kodai Festival and Karagattam for the temple namely "Arulmighu Eeswari Amman and Arulmighu Seevalaperiyan temple at Kambili, Tenkasi District on 02.05.2022 and 05.05.2022 by considering the petitioner's representation, dated 08.04.2022.
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 1/3
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.10,000/-(Rupees Ten 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 02.05.2022 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 Temple Kodai Festival and Karagattam on 02.05.2022 and 05.05.2022 between 6.00 p.m., to 11.00 p.m., at "Arulmighu Eeswari Amman and Arulmighu Seevalaperiyan temple at Kambili, Tenkasi District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) btr/aav 2/3
To
1. The Superintendent of Police, Tenkasi District, Tenkasi.
2. The Deputy Superintendent of Police, Tenkasi Division, Tenkasi District.
3. The Inspector of Police, Ayikudi Police Station, Tenkasi District.
4.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.
COPY TO:
The Joint Secretary to Government, CMPRF (Finance Department), Secretariat , Chennai-9.
18.04.2022 RD(25.04.2022) 3P 6C 3/3