Perinbam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

CORAM

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

2. The Inspector of Police, Sengipatti police station, Thanjavur District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant permission to conduct ' Adal Padal ' programme scheduled to be held on 20.05.2022 from 9.00 p.m. to 12.00 p.m. at Periyanayaki Madha Alayam, Madhakovil Street, Pudukudi, Pudukudi North, Pudukottai District and to give necessary police protection to the said programme.

For Petitioner : Ms.M.Preethi For Respondents : Mr.M.Vaikkam Karunanithi, Government Advocate (Criminal Side).

O R D E R

This writ petition has been filed to issue a Writ of Mandamus, directing the second respondent to grant permission to conduct ' Adal Padal ' programme scheduled to be held on 20.05.2022 from 9.00 p.m. to 12.00 p.m. at Periyanayaki Madha Alayam, Madhakovil Street, Pudukudi, Pudukudi North, Pudukottai District and to give necessary police protection to the said programme.

2.Heard the learned counsel on either side.

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. 1/3

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 second respondent herein to grant permission to the petitioner to conduct the cultural programme on 20.05.2022 at Periyanayaki Madha Alayam, Madhakovil Street, Pudukudi, Pudukudi North, Pudukottai 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 by the Government owing to COVID-19 situation. 2/3

6.With the above directions, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // 18/05/2022 Sub Assistant Registrar(CS) PMU 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.

2. The Inspector of Police, Sengipatti police station, Thanjavur District.

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

W.P(MD) No.10138 of 2022 18.05.2022 RD(18.05.2022) 3P 4C 3/3