Prabhakaran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Prabaharan ... Petitioner Vs.
1.The Superintendent of Police,
2. The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.
3.The Inspector of Police, Kadayanallur Police Station, ....Respondents Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 3rd respondent to grant permission and protection for cultural event namely Paattu Kacheri (Pattu Kachiri) scheduled to be held on 30.04.2022 at 09.00 P.M Night in connection with Chithirai Masa Festivel at Kadayanallur Tenkasi District by considering petitioner's representation dated 21.04.2022. For Petitioner : Mr.D.Rajaboopathy 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 grant permission and to provide police protection on 30.04.2022 at 09.00 P.M in connection with Chithirai Masa Festival at Kadayanallur Tenkasi District
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 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 1/3
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 30.04.2022 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 programs including the dance program (Adal Padal) on 30.04.2022 at 09.00 P.M in connection with Chithirai Masa Festivel at Kadayanallur 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) pnn To 1.The Superintendent of Police, 2/3
2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.
3.The Inspector of Police, Kadayanallur Police Station, 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.D. RAJABOOPATHY, Advocate ( SR-21681[F] dated 27/04/2022 ) 27.04.2022 SRR(CO) GC(27.04.2022) 3P 7C 3/3