Murugesan v. The 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.9742 of 2022 Murugesan ... Petitioner Vs.
1.The Superintendent of Police, O/o the Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
... 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 police protection to conduct the programme namely ''Adal Padal'' on 11.05.2022 from 07.00 p.m. to 11.00 p.m. in Arulmighu Sri Muthu Mariyamman Temple ''Chithirai Festival'' in the petitioner's village (Thirunaloor Village, Aranthangi Taluk, Pudukkottai District) on the basis of the petitioner's representation dated 09.05.2022. For Petitioner : Mr.E.Balasubramanian 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 second respondent to grant permission and police protection to conduct the programme namely ''Adal Padal'' on 11.05.2022 from 07.00 p.m. to 11.00 p.m. in Arulmighu Sri Muthu Mariyamman Temple ''Chithirai Festival'' in the petitioner's village (Thirunaloor Village, Aranthangi Taluk, Pudukkottai District) on the basis of the petitioner's representation dated 09.05.2022.
2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Criminal Side) appearing on behalf of the respondents.
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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 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 "Chithirai" festival followed by the dance program (Adal Padal) on 11.05.2022 between 8.00 p.m., and 11.00 p.m., at Arulmighu Sri Muthu Mariyamman Temple at Thirunaloor Village, Aranthangi Taluk, Pudukkottai District subject to the aforesaid conditions. There shall be no order as to costs.
Sd/- Assistant Registrar (LA & MC) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
To 1.The Superintendent of Police, O/o the Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
11.05.2022 SA/11.05.2022 : 3P/4C 3/3