Jayabalan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Jayabalan ... Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.
3.The Inspector of Police, Poovanthi Police Station, Sivagangai District.
... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to permit the petitioner to conduct "consecration festival" in Arulmighu Kottar Udaiya Ayyanar Temple, Keela Rangiyam Village, Thiruppuvanam Taluk, Sivagangai District scheduled to be held on 09.06.2022 and 10.06.2022 and to provide adequate police protection.
For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side)
ORDER
This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to permit the petitioner to conduct "consecration festival" in Arulmighu Kottar Udaiya Ayyanar Temple, Keela Rangiyam Village, Thiruppuvanam Taluk, Sivagangai District scheduled to be held on 09.06.2022 and 10.06.2022 and to provide adequate police protection.
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 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).......
c).......
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 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 "consecration festival" on 09.06.2022 and 10.06.2022 at Arulmighu Kottar Udaiya Ayyanar Temple, Keela Rangiyam Village, Thiruppuvanam Taluk, Sivagangai District, subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (Crl.
Side) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd 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 Superintendent of Police, Sivagangai District, Sivagangai.
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2.The Deputy Superintendent of Police, Manamadurai Division, Sivagangai District.
3.The Inspector of Police, Poovanthi Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C. MAYIL VAHANA RAJENDRAN, Advocate ( SR-22192[F] dated 28/04/2022 )
ORDER
IN WP(MD) No.8432 of 2022 Date : 28.04.2022 SG(CO) GC(06.05.2022) 3P 6C 3/3