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Madras High CourtWP(MD)/12026/2023allowed

Subramanian v. The Superintendent Of Police

2023-05-17Honourable The Acting Chief Justice,Honourable Mrs Justice L.Victoria Gowri6 pages

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.12026 of 2023 Subramanian ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Deputy Superintendent of Police, Pudukkottai.

3.The Inspector of Police, Adanakottai Police Station, Pudukkottai District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to grant permission and protection for conducting "Maha Kumbabishek" festival 1/6

followed by cultural programs including the Adal Padal Programme to be held on 05.06.2023 between 07.00 p.m., to 12.00 a.m., in Sri Shantha Anjaneyar Kovil at Manthangudi Village, Pudukkottai Taluk & District based on the petitioner's representation dated 15.05.2023. For Petitioner : Mr.K.G.Arunkumar For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.S.P.Maharajan, 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 2/6

Court to issue a Writ of Mandamus, directing the third respondent to grant permission and protection for conducting "Maha Kumbabisheka" festival followed by cultural programs including the Adal Padal Programme to be held on 05.06.2023 between 07.00 p.m., to 12.00 a.m., in Sri Shantha Anjaneyar Kovil at Manthangudi Village, Pudukkottai Taluk & District based on the petitioner's representation dated 15.05.2023."

4. There will be a direction to the respondents to consider the application of the petitioner dated 15.05.2023 well in advance and grant permission and necessary protection to conduct the Maha Kumbabisheka festival followed by cultural programs between 7.00 p.m., and 10.00 p.m., at " Sri Shantha Anjaneyar Kovil", Manthangudi Village, Pudukkottai Taluk & 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.

(T.R., A.C.J.) & (L.V.G., J.) 17.05.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 4/6

To 1.The Superintendent of Police, Pudukottai District.

2.The Deputy Superintendent of Police, Pudukkottai.

3.The Inspector of Police, Adanakottai Police Station, Pudukkottai District.

4.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.12026 of 2023 17.05.2023 6/6