Nagaraj. A v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Nagaraj ... Petitioner Vs.
1. The Superintendent of Police, Trichy District, Trichy.
2. The Inspector of Police, (*)Thiruverumbur Police Station, Trichy District.
... Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance program on 31.05.2022 from 8.00 p.m., to 12.00 p.m. and Karakattam on 01.06.2022 from 10.00 p.m., to 6.00 a.m. in pursuant to the 'Vaikasi' Thiruvizha of Sri Selvamuthu Mariamman Kovil, situated at Alathur Village, Trichy District, by considering the petitioner's representation, dated 03.05.2022. For Petitioner : Mr.T.J.Ebenezer Charles For Respondents : Mr.A.Albert James, Government Advocate (Crl)
O R D E R
The prayer in this writ petition is to direct the respondents herein too grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance program on 31.05.2022 from 8.00 p.m., to 12.00 p.m. and Karakattam on 01.06.2022 from 10.00 p.m., to 6.00 a.m. in pursuant to the 'Vaikasi' Thiruvizha of Sri Selvamuthu Mariamman Kovil, situated at Alathur Village, Trichy District, by considering the petitioner's representation, dated 03.05.2022.
2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl) 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 therein to conduct cultural programme on certain conditions. In view of the above decision rendered by the Hon'ble Division Bench of this Court, this Court is inclined to extend the very same relief to the petitioner. Accordingly this Writ petition is disposed of with 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 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"
f) 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 "Aadalum Paadalum" dance program on 31.05.2022 and Karakattam on 01.06.2022 between 8.00 p.m., and 11.00 p.m., at "Sri Selvamuthu Mariamman Kovil, situated at Alathur Village, Trichy District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Vacation Officer/AR(CS-I) (*) AMENDED VIDE ORDER OF THIS COURT DATED 19.05.2022 MADE IN WMP(MD) NO.7096 OF 2022.
// True Copy // 30/05/2022 Sub Assistant Registrar(CS) 2/3
To
1. The Superintendent of Police, Trichy District, Trichy.
2. The Inspector of Police, Thiruverumbur Police Station, Trichy District.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.J.EBENEZER CHARLES, Advocate ( SR-23890[F] dated 20/05/2022 ) 11.05.2022 btr/rmi USK/30.05.2022/3P/5C 3/3