← Library
Madras High CourtWP(MD)/7783/2022disposed of

Govindharajan.K v. The Deputy Superintendent Of Police

2022-04-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Govindharajan .... Petitioner Vs.

1. The Deputy Superintendent of Police, Peraiyur, Madurai District.

2. The Inspector of Police, Ezhumalai Police Station, Madurai District.

....Respondents (*Amended vide fourth paragraph of this Order) 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 Adal Padal Program to be held on 28.04.2022 at about 06.00 p.m. to be conducted at the Arulmighu Sri Chellayee Amman and Sri Mariamman Temple at Chellayeepuram Village, Soolapuram Post, Peraiyur Taluk, Madurai District, based on the petitioner's representation dated 20.04.2022.

For Petitioner : Mr.S.Krishnan 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 to grant permission for conducting Adal Padal Program, which is scheduled to be held on 28.04.2022 at about 06.00 p.m. at the Arulmighu Sri Chellayee Amman and Sri Mariamman Temple at Chellayeepuram Village, Soolapuram Post, Peraiyur Taluk, Madurai District, based on the petitioner's representation dated 20.04.2022. 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

3.During the hearing, the learned Counsel for the petitioner has submitted that in the cause title, the district of the second respondent police has been wrongly mentioned as 'Virudhunagar' instead of 'Madurai' and prayed to modify the same. 1/3

4.Considering the said submission, the Registry is directed to amend the district of the second respondent police as 'Madurai' in the cause title.

5.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 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.

6. This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of. 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 27.04.2022 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 28.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmighu Sri Chellayee Amman and Sri Mariamman Temple at Chellayeepuram Village, Soolapuram Post, Peraiyur Taluk, Madurai District subject to the aforesaid conditions. Sd/- Assistant Registrar (W) // True Copy // 26/04/2022 Sub Assistant Registrar(CS-IV) lr 2/3

To 1.The Deputy Superintendent of Police, Peraiyur, Madurai District.

2.The Inspector of Police, Ezhumalai Police Station, Madurai District.

3.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.

W.P (MD).No.7783 of 2022 22.04.2022 SVN(CO) GC(26.04.2022) 3P 5C 3/3