Thangaperumal .S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Thangaperumal ... Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Vadakarai Police Station, Periyakulam, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to grant permission and adequate police protection during the conduct of the temple festival of Arulmigu Muthalamman Temple situated at A.Kamatchipuram Village, Endapuli Post, Periyakulam Taluk, Theni District from 11.05.2022 to 13.05.2022 by considering the petitioner's representation dated 18.04.2022 within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

The prayer in this Writ Petition is to direct the respondents to grant permission and adequate police protection during the conduct of the temple festival of Arulmigu Muthalamman Temple situated at A.Kamatchipuram Village, Endapuli Post, Periyakulam Taluk, Theni District from 11.05.2022 to 13.05.2022 by considering the petitioner's representation dated 18.04.2022 within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) 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.15,000/- (Rupees Fifteen 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 13.05.2022 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 Temple festival from 11.05.2022 to 13.05.2022 and cultural programmes if any, between 6.00 p.m., and 11.00 p.m., in Arulmigu Muthalamman Temple situated at A.Kamatchipuram Village, Endapuli Post, Periyakulam Taluk, Theni 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) ps 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.

2/3

To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Vadakarai Police Station, Periyakulam, Theni District.

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

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-23095[F] dated 02/05/2022 ) 29.04.2022 MGJ(10.05.2022) 3P 6C 3/3