Sekar v. The Superintendent Of Police

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 Sekar ... Petitioner Vs.

1.The Superintendent of Police Thanjavur, Thanjavur District.

2.The Inspector of Police Orathanadu Police Station, Orathanadu, Thanjavur 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, Adal Padal scheduled to be held on 07.05.2023 about 07.00 p.m. to 11.30 p.m. in connection with "Chithirai Thiruvizha" in the month of "Chithirai" in Arulmigu Sri Sidhi Vinayagar Kamatchi Amman Temple at 1/6

Karamanithoppu, Poyyundarkottai, Orathanadu Taluk, Thanjavur District, by considering the petitioner's representation dated 26.04.2023. For Petitioner : Mr.A.Anandha Prakash For Respondents : Mr.N.Satheesh Kumar, Additional Government Pleader

O R D E R

********** (Order of the Court was made by M.DHANDAPANI,J) Mr.N.Satheesh Kumar, learned Additional 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 the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court to issue a WRIT OF MANDAMUS or any other Writ or Order or Direction in the nature of Writ directing the respondents to grant permission and protection for Cultural event namely, Adal Padal 2/6

scheduled to be held on 07.05.2023 about 07.00 p.m. to 11.30 p.m. in connection with "Chithirai Thiruvizha" in the month of "Chithirai" in Arulmigu Sri Sidhi Vinayagar Kamatchi Amman Temple at Karamanithoppu, Poyyundarkottai, Orathanadu Taluk, Thanjavur District, by considering the petitioner's representation dated 26.04.2023 and pass any order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

4. There will be a direction to the respondents to consider the application of the petitioner dated 26.04.2023 well in advance and grant permission with necessary police protection to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 07.05.2023 between 7.00 p.m., and 10.00 p.m., at "Arulmigu Sri Sidhi Vinayagar Kamatchi Amman Temple" at Karamanithoppu, Poyyundarkottai, Orathanadu Taluk, Thanjavur 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; 3/6

c)The aadal padal Program shall be restricted between 7.00 pm., and 10.00 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 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 VSN/RM Note : Issue Order copy on 05.05.2023 4/6

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

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

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M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

RM/VSN ORDER MADE IN 04.05.2023 6/6