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Madras High CourtWP(MD)/11308/2023disposed of

Muthuselvan v. The Superintendent Of Police

2023-05-04Honourable Mr Justice M.Dhandapani,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Muthuselvan ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

... Respondents PRAYER: Writ Petition 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 protection for cultural event namely Aadal Padal scheduled to be held on 06.05.2023 about 07.00 p.m. to 11.30 p.m. in connection with "Chitra Pournami Thiruvizha" in the month of "Chithirai" in Arulmighu Sri Marakatha Vinayagar Temple at Mangalanadu North, Mangalanadu Post, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 19.04.2023. 1/6

For Petitioner :

Mr.E.Balasubramanian For Respondents :

Mr.D.Ghandiraj Special Government Pleader

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] Mr.D.Ghandiraj, learned Special Government Pleader, takes notice on behalf of the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition reads as follows: "For the reasons stated in accompanying Affidavit, it is prayed that this Hon'ble Court may be pleased to issue a WRIT of MANDAMUS or order or direction or in the nature of writ directing the Respondents to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 06.05.2023 about 07.00 p.m. to 11.30 p.m. in connection with "Chitra Pournami Thiruvizha" in the 2/6

month of "Chithirai" in Arulmighu Sri Marakatha Vinayagar Temple at Mangalanadu North, Mangalanadu Post, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 19.04.2023 and pass such other or further orders as this Honorable Court may deem fit and proper in the circumstances of this case and thus render justice."

4. There will be a direction to the respondents to consider the representation of the petitioner dated 19.04.2023 well in advance and grant permission to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 06.05.2023 between 7.00 p.m., and 10.00 p.m., at "Arulmighu Sri Marakatha Vinayagar Temple at Mangalanadu North, Mangalanadu Post, Aranthangi Taluk, Pudukkottai District", subject to the following conditions : a) The event shall be conducted in an organized 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 7.00 pm., and 10.00 p.m.;

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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; and 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.

5. The writ petition is disposed of with the above directions. No costs.

[M.D.I., J.] [R.V., J.] 04.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No abr / krk Note : Issue Order copy on 05.05.2023 4/6

To 1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

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M.DHANDAPANI, J.

and R.VIJAYAKUMAR, J.

abr / krk 04.05.2023 6/6