Sakthivel.A v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and W.M.P.(MD).No.6752 of 2022 A.Sakthivel ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Sub-Inspector of Police, Vaiyampatty Police Station, Trichy District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus, calling for the records relating to the impugned order in Na.Ka.No.57/F2PS/2022, dated 03.05.2022 passed by the second respondent, quash the same as illegal and consequently direct the respondents to give necessary police protection and permit the petitioner to conduct the Adal Padal program and Valli Thiruma Nadagam during 15.05.2022 and 18.05.2022 at 07.00 p.m. to 11.00 p.m. in pursuant to the Vaikasi Festival of Sri Bambalamman Temple situated at Thalakulathupatti, Aniyapur Village, Manapparai Taluk, Trichy District. For Petitioner : Mr.M.Prabhu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Na.Ka.No.57/F2PS/2022, dated 03.05.2022, passed by the second respondent, quash the same as illegal and consequently direct the respondents to give necessary police protection and permit the petitioner to conduct the Adal Padal program and Valli Thiruma Nadagam during 15.05.2022 and 18.05.2022 at 07.00 p.m. to 11.00 p.m. in pursuant to the Vaikasi Festival of Sri Bambalamman Temple situated at Thalakulathupatti, Aniyapur Village, Manapparai Taluk, Trichy District.

2.Heard the learned counsel's on either side. 1/3

3.The petitioner's request for conducting the cultural programme has been rejected by the second respondent, which prompted the petitioner to file the present writ petition. 4.In identical circumstances, this Court had been granting permission to conduct Adal Padal events and similar cultural events, to various similarly placed petitioners. In the case of M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017, a Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioners, the ends of justice could be secured.

5. Accordingly, the impugned order dated 03.05.2022 passed by the second respondent is hereby quashed and there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct the cultural programme on 15.05.2022 and 18.05.2022 at Sri Bambalamman Temple situated at Thalakulathupatti, Aniyapur Village, Manapparai Taluk, Trichy District, between 8.00 a.m. and 11.00 p.m., subject to the following conditions: '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 cultural Program shall be restricted between 8.00 a.m. 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.

f) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear 2/3

their objections and take a decision in accordance with the order passed by this Court.' g) All the participants shall wear masks and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation.

6.With the above directions, this Writ Petition disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg/pnn 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, Trichy District, Trichy.

2.The Sub-Inspector of Police, Vaiyampatty Police Station, Trichy District.

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

WP(MD) No.9422 of 2022 06.05.2022 RD(10.05.2022) 3P 4C 3/3