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Madras High CourtWP(MD)/9629/2022ordered

Ramesh S.K v. The Deputy Superintendent Of Police

2022-05-11Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI S.K.Ramesh ... Petitioner Vs.

1.The Deputy Superintendent of Police, Sivagangai, 2.The Inspector of Police, Kalayarkovil Police Station,

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the second respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 26.05.2022 at night in connection with 'Vaikasi Festival' in Punitha Adaikalamatha Church at Pulikanmai Village, Paruthikanmai Post, Kalayarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 12.04.2022.

For Petitioner : Mr.J.Jeya Aron Raja For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl.side)

O R D E R

The prayer in this writ petition is to direct the second respondent herein to grant permission and to provide police protection to conduct the "Vaikasi Festival" followed by cultural programs including the dance program (Adal Padal) schedule to be at 08.00 pm., to 11.00 pm, on 26.05.2022 at Punitha Adaikalamatha Church at Pulikanmai Village, Paruthikanmai Post, Kalayarkovil Taluk, Sivagangai District.

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 [M.Sakthi 1/3

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.

4. 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 8.00 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 "Vaikasi festival'' followed by cultural programs including the dance program (Adal Padal) on 26.05.2022 between 8.00 p.m., and 11.00 p.m., at Punitha Adaikalamatha Church at Pulikanmai Village, Paruthikanmai Post, Kalayarkovil Taluk, Sivagangai District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The Deputy Superintendent of Police, Sivagangai, 2/3

2.The Inspector of Police, Kalayarkovil Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

11.05.2022 SG(CO) GC(17.05.2022) 3P 4C 3/3