Thangavel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.05.2023

CORAM:

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

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission and necessary protection to perform the Village Cultural Programme ie., Pandi Muni Drama, Sri Rama Drama and Arichandra Mayana Kandam Drama on the dates 08.05.2023, 09.05.2023 and 10.05.2023 during the time from 10.00 pm to 6.00 am in the event of "Chithirai Muzhunila Thiruviza" to the above said "Arulmigu Pappara Kaliyamman, Sri Subramaniyar and Sri Arunthaeswarar Temple" at Thoppu Street, Arundavarpuram Village, Papanasam Taluk, Thanjavur District by considering the petitioner's representation dated 01.05.2023.

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For Petitioner :Mr.S.Venkatesan For Respondents :Mr.D.Gandhiraj Special Government Pleader

O R D E R

********** (Order of the Court was made by M.DHANDAPANI,J) Mr.D.Gandhiraj, 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 the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court to issue a Writ of Mandamus, directing the Respondents to grant permission to perform the Village Cultural Programme ie., Pandi Muni Drama, Sri Rama Drama and Arichandra Mayana Kandam Drama on the dates 08.05.2023, 09.05.2023 and 10.05.2023 during the time from 10.00 pm to 6.00 am in the event of "Chithirai Muzhunila Thiruviza" to the above said "Arulmigu Pappara Kaliyamman, Sri Subramaniyar and 2/6

Sri Arunthaeswarar Temple" at Thoppu Street, Arundavarpuram Village, Papanasam Taluk, Thanjavur District by considering the petitioner's representation dated 01.05.2023."

4.The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents to consider the representation of the petitioner dated 01.05.2023 for performing Village Cultural Programme ie., Pandi Muni Drama, Sri Rama Drama and Arichandra Mayana Kandam Drama on 08.05.2023, 09.05.2023 and 10.05.2023 on the whole night. The petitioner also undertakes to file an affidavit stating that they will not portray any community or any individual in the drama.

5.Considering the submission made by the learned counsel for the petitioner, there will be a direction to the respondents to consider the application of the petitioner dated 01.05.2023 well in advance and grant permission to conduct Village Cultural Programme ie., Pandi Muni Drama, Sri Rama Drama and Arichandra Mayana Kandam Drama on the dates 08.05.2023, 09.05.2023 and 10.05.2023 on the whole night in the event of "Chithirai Muzhunila Thiruviza" to the above said "Arulmigu 3/6

Pappara Kaliyamman, Sri Subramaniyar and Sri Arunthaeswarar Temple" at Thoppu Street, Arundavarpuram Village, Papanasam 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 drama by any one of the participants or others; c)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 d)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.] 05.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No rmi/ta 4/6

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

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

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M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

rmi/ta 0RDER MADE IN 05.05.2023 6/6