Madras High CourtWP(MD)/8845/2022disposed of

Ponraman v. The Deputy Superintendent Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ponraman

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to grant necessary permission and provide adequate police protection for conducting Kuravan Kurathi Naiyandi Melam on 26.05.2022 from 10.00 p.m to 12.00 p.m and 'Adal Padal' Program on 27.05.2022 from 10.00 p.m to 12.00 p.m, as part of annual temple festival of Sri Kaliyamman, Sri Chithi Vinayagar, Sri Balamurugan, Sri Petchiyamman, Sri Periyakaruppu, Sri Madurai Veeran, Sri Sakthiamman Temple situated at Rayampettai Village Thiruvaiyaru Taluk, Thanjavur District on the basis of petitioner's representation dated 25.04.2022.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

The prayer in this writ petition is to direct the respondents to grant necessary permission and provide adequate police protection for conducting Kuravan Kurathi Naiyandi Melam on 26.05.2022 from 10.00 p.m to 12.00 p.m and 'Adal Padal' Program on 27.05.2022 from 10.00 p.m to 12.00 p.m, as part of annual temple festival of Sri Kaliyamman, Sri Chithi Vinayagar, Sri Balamurugan, Sri Petchiyamman, Sri Periyakaruppu, Sri Madurai Veeran, Sri Sakthiamman Temple situated at Rayampettai Village Thiruvaiyaru Taluk, Thanjavur District on the basis of petitioner's representation dated 25.04.2022.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for 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 1/3

[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 programs 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.10,000/- (Rupees Ten 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 26.05.2022 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 programs on 26.05.2022 and 27.05.2022 between 6.00 p.m., to 11.00 p.m., at Sri Kaliyamman, Sri Chithi Vinayagar, Sri Balamurugan, Sri Petchiyamman, Sri Periyakaruppu, Sri Madurai Veeran, Sri Sakthiamman Temple situated at Rayampettai Village Thiruvaiyaru Taluk, Thanjavur District, subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

vsd To 1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

2.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

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

+1 CC to M/s.T.INDRA CHITHU, Advocate ( SR-22846[F] dated 29/04/2022 29.04.2022 SB(CO) KB(10.05.2022) 3P 6C 3/3