← Library
Madras High CourtWP(MD)/9795/2022ordered

Kumar v. The 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 W.P (MD).No.9795 of 2022 Kumar ... Petitioner Vs.

1.The Superintendent of Police, O/o The Superintendent of Police, 2.The Inspector of Police, Mellatur Police Station,

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to conduct the 'Nattupura Adal Padal program' on 17.05.2022 from 8.00 p.m to 11.00 p.m in pursuant to the Temple festival of Sri Throwpathi Amman Temple in Edakudi Village, Papanasam Taluk, Thanjvaur District, based on the petitioner's representation dated 05.05.2022.

For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

The prayer in this writ petition is to direct the respondents herein to grant permission to conduct the 'Nattupura Adal Padal program' on 17.05.2022 from 8.00 p.m to 11.00 p.m in pursuant to the Temple festival of Sri Throwpathi Amman Temple in Edakudi Village, Papanasam Taluk, Thanjvaur District, based on the petitioner's representation dated 05.05.2022.

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor 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 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 1/3

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 'Nattupura Adal Padal program' on 17.05.2022 from 8.00 p.m to 11.00 p.m in pursuant to the Temple festival of Sri Throwpathi Amman Temple in Edakudi Village, Papanasam Taluk, Thanjvaur District, subject to the aforesaid conditions. There shall be no order as to costs.

Sd/- Vacation Officer() // True Copy // 16/05/2022 Sub Assistant Registrar(CS) vrn/gbg To 1.The Superintendent of Police, O/o The Superintendent of Police, 2/3

2.The Inspector of Police, Mellatur Police Station,

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai W.P (MD).No.9795 of 2022 11.05.2022 NSN(CO) KB(16.05.2022) 3P 4C 3/3