Esakkimuthupandian 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 W.P (MD).No. 8877 of 2022 E.Esakkimuthupandian .... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.
3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli 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 conduct the programme i.e., Vil Issai on 16.05.2022 at 06.00 pm., and Karakattam on 17.05.2022 at 09.00 pm., in the eve of Kodai Vizha festival of Arulmigu Mupidathi Amman Kovil at Kooniyur Village, Cheranmahadevi Taluk, Tirunelveli District.
For Petitioner : Mr.C.Saravanakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (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 conduct the programme i.e., Vil Issai on 16.05.2022 at 06.00 pm., and Karakattam on 17.05.2022 at 09.00 pm., in the eve of Kodai Vizha festival of Arulmigu Mupidathi Amman Kovil at Kooniyur Village, Cheranmahadevi Taluk, Tirunelveli District.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor (Crl.side) 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 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 disposed of. 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, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 16.05.2022 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 program on 16.05.2022 and 17.05.2022 between 6.00 p.m., and 11.00 p.m., at 'Arulmigu Mupidathi Amman Kovil' situated at Kooniyur Village, Cheranmahadevi Taluk, Tirunelveli District subject to the aforesaid conditions.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) rmk To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
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2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.
3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.
4. The Joint Secretary to Government, Chief Minister Public Relief Fund, Secretariat, Chennai-9 5.The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.C. SARAVANAKUMAR, Advocate ( SR-22558[F] dated 29/04/2022 ) W.P (MD).No.8877 of 2022 29.04.2022 SVS(CO) KB(13.05.2022) 3P 7C 3/3