Thangarasu 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.12193 of 2023 Thangarasu ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai District, Pudukkottai.

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

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant permission and police protection to conduct the Cultural Programme namely 1/6

"Karagattam" on 21.05.2023 at about 07.00 p.m., in Arulmigu Sri Muthumari Ambal Temple "Flowering Festival" in the petitioner's Village (Pudur Village, Iluppur Taluk, Pudukkottai District) on the basis of the petitioner's representation dated 03.05.2023. For Petitioner : Mr.Subbaiah @ E.Jeyavardhan For Respondents : Mr.R.Ragavendran Government Advocate

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.R.Ragavendran, learned Government Advocate, 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 second respondent to grant permission and police protection to conduct the Cultural Programme namely "Karagattam" on 21.05.2023 at about 07.00 p.m., in Arulmigu Sri Muthumari Ambal Temple "Flowering Festival" in the petitioner's Village (Pudur Village, Iluppur Taluk, Pudukkottai District) on the basis of the petitioner's representation dated 03.05.2023."

4. There will be a direction to the respondents to consider the application of the petitioner dated 03.05.2023 well in advance and grant permission and necessary protection to conduct the cultural programs namely Karagattam between 7.00 p.m., and 10.00 p.m., at "Arulmigu Sri Muthumari Ambal Temple", Pudur Village, Iluppur 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; 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.

(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, O/o. the Superintendent of Police, Pudukkottai District, Pudukkottai.

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

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.12193 of 2023 17.05.2023 6/6