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Madras High CourtWP(MD)/9896/2022ordered

Gopinath.V v. The Superintendent Of Police

2022-05-18Honourable Mrs Justice T.V.Thamilselvi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI V.Gopinath ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District, Thanjavur .

2. The Inspector of Police, Ammapettai Police Station, Thanjavur District.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the Village Cultural Programme i.e., Aadal Paadal on the dated 24.05.2022, 25.05.2022, 26.05.2022 and 27.05.2022 during the time of 07.00 pm to 10.30 pm in the event of 'Vaikaasi Visaga Perunthiruvizha' to the above said "Arulmighu Mariamman Temple" at Sooliyakkottai Village, Papanasam Taluk, Thanjavur District by considering the Petitioner`s representation, dated 11.05.2022.

For Petitioner : M/s.S.Venkatesan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the Village Cultural Programme i.e., Aadal Paadal from 24.05.2022 to 27.05.2022 during the time of 07.00 pm to 10.30 pm in the event of 'Vaikaasi Visaga Perunthiruvizha' at Arulmighu Mariamman Temple, Sooliyakkottai Village, Papanasam Taluk, Thanjavur District by considering the Petitioner`s representation, dated 11.05.2022.

2.Heard the learned counsel's on either side. 1/3

3.The petitioner's request for conducting the cultural programme has not been acted upon by the respondent police, which prompted the petitioner to file the present writ petition. 4.In identical circumstances, this Court had been granting permission to conduct Adal Padal events and similar cultural events, to various similarly placed petitioners. In the case of M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017, a Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioner, the ends of justice could be secured.

5. Accordingly, there shall be a direction to the respondent police herein to grant permission to the petitioner to conduct the cultural programme from 24.05.2022 to 27.05.2022 at Arulmighu Mariamman Temple, Sooliyakkottai Village, Papanasam Taluk, Thanjavur District between 8.00 a.m. and 11.00 p.m., subject to 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 cultural Program shall be restricted between 8.00 a.m. 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) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear their objections and take a decision in accordance with the order passed by this Court.'

g) All the participants shall wear masks and maintain social distancing as per the norms fixed 2/3

by the Government owing to COVID-19 situation. 6.With the above directions, this Writ Petition disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // 23/05/2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Superintendent of Police, Thanjavur District, Thanjavur .

2. The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

+1 CC to M/s.S. VENKATESAN, Advocate ( SR-23739[F] dated 18/05/2022 ) W.P(MD) No. 9896 of 2022 Date : 18.05.2022 Rk(23.05.2022) 3P 5C 3/3