V.Mayapandi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2024 CORAM :
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR V.Mayapandi ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruparankundram, Madurai District.
3.The Inspector of Police, W1 Thirunagar Police Station, Madurai 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 herein to grant permission and give necessary police protection for conducting Adal Padal Programme on 10.08.2024, in connection with the Festival of Munusamy (Kaluvan, Viruman, Petchiamman) Temple which is situated at Thanakkankulam Village, Tiruparankundram Tk, and Madurai District on the basis of the petitioner's representation dated 04.08.2024. 1/8
For Petitioner : Mr.J.Vishnu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
This Writ Petition has been filed to direct the respondents herein to grant permission and give necessary police protection for conducting Adal Padal Programme on 10.08.2024, in connection with the Festival of Munusamy (Kaluvan, Viruman, Petchiamman) Temple which is situated at Thanakkankulam Village, Tiruparankundram Tk, and Madurai District on the basis of the petitioner's representation dated 04.08.2024. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the third respondent, by apprehending that law and order problem would arise on account of the Adal Padal, has rejected the request of the petitioner vide proceedings in Na.Ka.No.126/MLR/W1 L&O PS/MC/2024 dated 08.08.2024. 3.The learned counsel appearing for the petitioner would submit that in a similar case in W.P.(MD)No.17688 of 2024, this Court granted 2/8
permission by imposing cost of Rs.25,000/- to be deposited in favour of Panchayat President for the purpose of desilting of water bodies in the village and that the petitioner herein is also willing to deposit some amount and hence, he would pray to allow this petition. 4.At this juncture, the learned Additional Public Prosecutor appearing for the respondents would submit that they may be permitted to conduct the Adal Padal programme on 10.08.2024 and the organizers may be directed to follow the conditions, which were given by the Hon'ble Division Bench of this Court in W.P(MD)No.12535 of 2023, dated 24.05.2023.
5.The learned counsel appearing for the writ petitioner would submit that they will follow the directions of the Hon'ble Division Bench without any deviation.
6.It is necessary to refer the directions issued by the Hon'ble Division Bench in W.P.(MD)No.12535 of 2023, dated 24.05.2023. "15. Therefore, this Court, in order to give a quietus to such issues, disposes of this writ petition with 3/8
the following directions:
(a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Adal Padal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;
(b) On such deemed permission, the organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;
(c) The program shall not extend beyond 10 p.m.; (d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;
(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;
(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;
In case of violation of any conditions, it is open to the authorities to initiate such action as is required under 4/8
law and the persons who are the organisers/committee members shall be held responsible. The Public Prosecutors shall ensure circulation of this order to the Superintendent of Police of all the Districts for issuing suitable instructions to their subordinate officers. No costs."
7.It is also brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police and taking note of the undertaking on behalf of the writ petitioner that they will follow the direction of the Hon'ble Division Bench and also the fact that the writ petitioner's representation for conducting Adal Padal programme came to be rejected, the writ petitioner is directed to give a fresh representation to the second respondent seeking permission and on such receipt of the same, the second respondent is directed to consider the same and pass suitable orders based on the above said circular and further, the petitioner 5/8
is directed to pay a sum of Rs.25,000/- to the Panchayat President of their village for the purpose of desilting of water bodies in the village. The respondent police as well the Block Development Officer concerned shall ensure that this amount has been utilized properly for desilting the water bodies in the village.
8.With the above directions, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 09.08.2024 Internet :Yes Index :Yes/No NCC :Yes/No gns NOTE: Issue order copy on 09.08.2024 6/8
To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruparankundram, Madurai District.
3.The Inspector of Police, W1 Thirunagar Police Station, Madurai District.
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K.MURALI SHANKAR , J.
gns 09.08.2024 8/8