Gunasekaran.R v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.04.2022

CORAM

THE HONOURABLE MRS. JUSTICE S.ANANTHI R.Gunasekaran ... Petitioner Vs

1. The Assistant Commissioner of Police, Trichy District.

2. The Inspector of Police, Airport Police Station, Airport, Trichy District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ Mandamus directing the Respondents to grant permission and adequate police protection to conduct Adal Padal on 24.04.2022 at about 07.00 PM to 11.00 PM in the festival of the Arulmigu Sri Devi Karumariamman Thirukovil situated in Gandhi Nagar, Trichy District in pursuant to petitioner representation dated 19.04.2022.

For Petitioner : Mr.M.Rajarajan For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side).

for R1 & R2

O R D E R

This Writ Petition has been filed to issue a Writ Mandamus directing the Respondents to grant permission and adequate police protection to conduct Adal Padal on 24.04.2022 at about 07.00 PM to 11.00 PM in the festival of the Arulmigu Sri Devi Karumariamman Thirukovil situated in Gandhi Nagar, Trichy District in pursuant to petitioner representation dated 19.04.2022.

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 cultural Program shall be restricted between 6.00 p.m. 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. 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, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 21.04.2022 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 24.04.2022 between 6.00 pm., to 11.00 p.m., at Arulmigu Sri Devi Karumaiamman Thirukovil situated in Gandhi Nagar, Trichy District subject to the aforesaid conditions. 5.With the above directions, this Writ Petition disposed of. Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 2/3

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Assistant Commissioner of Police, Trichy District.

2. The Inspector of Police, Airport Police Station, Airport, Trichy District.

3. The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN WP(MD) No.7649 of 2022 Date : 21.04.2022 KG(CO) TR(21.04.2022) 3P 5C 3/3