Madras High CourtWP(MD)/7769/2022disposed of

Durairaj v. The 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 Durairaj .... Petitioner Vs.

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Pattukkottai Taluk, Thanjavur District.

3. The Inspector of Police, Thiruchidrambalam Police Station, @ Seruvavidhuthi, ....Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the third respondent to grant permission and protection for cultural event namely 'Adal Padal' (Cine New Dance Program) scheduled to be held on 24.04.2022 at 07.00 p.m., night in connection with 'Chithirai Masa Festival' at Sri Backia Sakthi Vinayagar Kovil at ChithukkaduAranmanaithoppu Village, Pattukkottai Taluk, Thanjavur District, by considering the petitioner's representation dated 20.04.2022. For Petitioner : Mr.Chellapandi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the third respondent to grant permission and protection for cultural event namely 'Adal Padal' (Cine New Dance Program), which is scheduled to be held on 24.04.2022 at 07.00 p.m., night in connection with 'Chithirai Masa Festival' at Sri Backia Sakthi Vinayagar Kovil at Chithukkadu-Aranmanaithoppu Village, Pattukkottai Taluk, Thanjavur District, by considering 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.

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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 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 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 23.04.2022 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 cultural program on 24.04.2022 between 6.00 p.m., and 11.00 p.m., at Sri Backia Sakthi Vinayagar Kovil at Chithukkadu-Aranmanaithoppu Village, Pattukkottai Taluk, Thanjavur District subject to the aforesaid conditions.

Sd/- Assistant Registrar (CS-III) // True Copy // 22/04/2022 Sub Assistant Registrar(CS-II) lr To

1. The Superintendent of Police, 2/3

2. The Deputy Superintendent of Police, Pattukkottai Taluk, Thanjavur District.

3. The Inspector of Police, Thiruchidrambalam Police Station, @ Seruvavidhuthi, 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.P. CHELLAPANDI, Advocate (SR-20386[F] dated 22/04/2022) W.P (MD).No.7769 of 2022 22.04.2022 SP(CO) GC(22.04.2022) 3P 7C 3/3