Karuppasamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Karuppasamy ... Petitioner Vs.

1.The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

2.The Sub-Inspector of Police, Nalattinputhur Police Station, Thoothukudi 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 permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on the eve of Pathinettampadi Karuppasamy Temple Festival at Vallinayagapuram, Ettaiyapuram Taluk, Thoothukudi district, which is to be held on 02.05.2022 from 7.00 p.m to 11.00 p.m based on the petitioner's representation dated 25.04.2022.

For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on the eve of Pathinettampadi Karuppasamy Temple Festival at Vallinayagapuram, Ettaiyapuram Taluk, Thoothukudi district, which is to be held on 02.05.2022 from 7.00 p.m to 11.00 p.m based on the petitioner's representation dated 25.04.2022.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.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 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 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 02.05.

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 including the dance program (Adal Padal) on 02.05.2022 between 6.00 p.m., and 11.00 p.m., at Pathinettampadi Karuppasamy Temple Festival at Vallinayagapuram, Ettaiyapuram Taluk, Thoothukudi district subject to the aforesaid conditions. There shall be no order as to costs.

Note: In view of the present lock down owing to COVID19 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 Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

2.The Sub-Inspector of Police, Nalattinputhur Police Station, Thoothukudi 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.

29.04.2022 VSD MS/02.05.2022/3P.5C 3/3