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Madras High CourtWP(MD)/9412/2022ordered

Sabakar.P v. The Superintendent Of Police

2022-05-05Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH P.Sabakar ... Petitioner Vs 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Jeeyapuram, Tiruchirappalli.

3.The Inspector of Police, Somarasampettai Police Station, Somarasampettai, Srirangam, Trichy District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to give appropriate permission for performing various events such as Adal Padal (Cultural Programe) Program etc, on 16.05.2022 during the celebration of Thiru Thar festival of Arulmigu Selvamariamman Temple at Posampatti, Srirangam Taluk, Trichy District based on his representation to the respondents dated 25.04.2022 and 03.05.2022.

For Petitioner : Mr.P.Sivachandran For Respondents : Mr.R.Sivakumar Government Advocate (Criminal Side).

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to give appropriate permission for performing various events such as Adal Padal (Cultrual Programe) Program etc, on 16.05.2022 during the celebration of Thiru Thar festival of Arulmigu Selvamariamman Temple at Posampatti, Srirangam Taluk, Trichy District based on his representation to the 1/3

respondents dated 25.04.2022 and 03.05.2022.

2.Heard the learned counsel's on either side. 3.The petitioner's request for conducting the cultural programme has not been acted upon by the respondent police, 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, there shall be a direction to the respondents herein to grant permission to the petitioner to conduct the cultural programme on 16.05.2022 at Arulmigu Selvamariamman Temple, Posampatti, Srirangam 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 their objections 2/3

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 is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Vaccation Officer) // True Copy // 12/05/2022 Sub Assistant Registrar(CS) cp 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 Deputy Superintendent of Police, Jeeyapuram, Tiruchirappalli.

3.The Inspector of Police, Somarasampettai Police Station, Somarasampettai, Srirangam, Trichy District.

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

+1 CC to M/s.S.ALAGU SUNDAR, Advocate ( SR-23478[F] dated 06/05/2022 ) WP(MD) No. 9412 of 2022 Date : 05/05/2022 RD(12.05.2022) 3P 6C 3/3