Karunakaran R v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.11943 of 2023 R.Karunakaran ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Keeramangalam Police Station, Keeramangalam.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and protection for Sri Muthumariamman Temple at Kothamangalam, Alangudi Taluk, Pudukottai District on 22.05.2023 at 07.00 p.m, to 11.30 p.m., for the "Adal Padal dance" programme.

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For Petitioner : Mr.P.Arumugarajan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.M.Prakash, 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, directing the respondents to grant permission and protection for Sri Muthumariamman Temple at Kothamangalam, Alangudi Taluk, Pudukottai District on 22.05.2023 at 07.00 p.m, to 11.30 p.m., for the "Adal Padal dance" programme." 2/5

4. There will be a direction to the respondents to consider the application of the petitioner dated 29.04.2023 well in advance and grant permission and necessary protection to conduct the cultural programs including the dance program (Adal Padal) between 7.00 p.m., and 10.00 p.m., at " Sri Muthumariamman Temple", Kothamangalam, Alangudi Taluk, Pudukottai 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.;

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.

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

(T.R., A.C.J.) & (L.V.G., J.) 17.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Keeramangalam Police Station, Keeramangalam.

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

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T.RAJA, A.C.J.

AND L.VICTORIA GOWRI , J.

MYR W.P.(MD)No.11943 of 2023 17.05.2023 5/5