Eswara Moorthy.C v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P(MD).No.9732 of 2022 C.Eswara Moorthy ... Petitioner Vs.

1.The Deputy Superintendent of Police, Aravakuruchi, Karur District.

2.The Inspector of Police, K.Paramthi Police Station, Karur District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to grant permission and protection for Dance and Musical Programme to be held on 16.05.2022 between 07.00 p.m to 10.00 p.m in Arulmigu Sri Mariamman Temple, K.Paramathi Village, Karur District by considering the petitioner's representation dated 01.05.2022. For Petitioner : Mr.S.Muthukumar For Respondents : Mr.A.Albert James Government Advocate (Criminal Side)

O R D E R

The prayer in this writ petition is to direct the respondents to grant permission and protection for Dance and Musical Programme to be held on 16.05.2022 between 07.00 p.m to 10.00 p.m in Arulmigu Sri Mariamman Temple, K.Paramathi Village, Karur District by considering the petitioner's representation dated 01.05.2022.

2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Criminal 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 Vs. State rep. by the Inspector of Police, Odapatti Police 1/3

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 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 dance and musical programme on 16.05.2022 between 8.00 p.m., and 11.00 p.m., at Arulmighu Sri Mariamman Temple at K.Paramathi Village, Karur District subject to the aforesaid conditions. There shall be no order as to costs. Sd/- Vacation Officer/ Assistant Registrar(CS-I) // True Copy // 13/05/2022 Sub Assistant Registrar(CS) gbg/vrn 2/3

To 1.The Deputy Superintendent of Police, Aravakuruchi, Karur District.

2.The Inspector of Police, K.Paramthi Police Station, Karur District.

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

+1 CC to M/s.MUTHUKUMAR, Advocate ( SR-23627[F] dated 11/05/2022 ) 11.05.2022 gm(CO) TR(13.05.2022) 3P 5C 3/3