Malaichamy.P v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD) No.18740 of 2023 P.Malaichamy ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Sub Inspector of Police, Odaipatty Police Station, Odaipatty, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 2nd respondent dated 10.09.2023 and quash the same and directing the respondents to grant permission to our village people to conduct Adal Padal Programme on 16.09.2023 and 17.09.2023 as a part of the Arulmigu Sri Pommiyammal, Sri Perumal, Sri Karuppasamy Thirukovil, Seepalakottai Village, Uthamapalayam Taluk, Theni District. 1/5

For Petitioner : Mr.K.Guhan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a Mandamus directing the respondent police to grant the permission and protection to conduct the Aadal Paadal programme on 16.09.2023 and 17.09.2023 in connection with the festival of Arulmigu Sri Pommiyammal, Sri Perumal and Sri Karuppasamy Thirukovil situated at Seepalakottai Village, Uthamapalayam Taluk, Theni District.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) has submitted that the respondent police have rejected the permission, since the petitioner is likely to play dual meaning songs and also exhibit obscene during the course of dance programme. 3.At this juncture, the learned counsel for the petitioner submits that there is no rivalry in the village and the villagers would undertake that the Aadal Paadal 2/5

programme will be conducted in a dignified manner without giving any scope for any comment, without playing dual meaning songs and without subjecting the dancers or others to obscene.

4.In view of the submissions made by the learned counsel on either side, the petitioner is directed to file a fresh application before the respondent police and on filing of such application and on giving written undertaking to the police by the petitioner, one Mr.Selvam, Sub Inspector of Police, Odaipatty Police Station, Theni District, who is present before the Court, is directed to consider and dispose of the same without the order being served on him, as the programme is scheduled to be conducted 15.09.2023.

5.With the above directions, this Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 14.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

Note : Issue order copy on 15.09.2023 To 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Sub Inspector of Police, Odaipatty Police Station, Odaipatty, Theni District.

4/5

DR.D.NAGARJUN, J.

mm 14.09.2023 5/5