Madras High Court
T.Vairavamoorthy vs The Deputy Superintendent Of Police on 11 May, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P (MD).No. 9592 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.05.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P (MD).No.9592 of 2022
T.Vairavamoorthy ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Mathagupatti Police Station,
Sivagangai District. ....Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a writ of mandamus, directing the second respondent to grant permission
and necessary protection to perform the cultural program ie. Adal Padal on
13.05.2022 at 07.00 pm., to 10.00 pm., in the evening of Arulmigu Paganeri Sri
Paratha Vinayagar Thirukovil Kavadi Eaduppu Thiruvila, Arulananthar Street,
Palaiyavalavu Paganeri, Sivagangai District.
For Petitioner : Mr.J.Krishnakumar
For Respondents : Mr.A.Albert James,
Government Advocate (Crl.side)
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W.P (MD).No. 9592 of 2022
ORDER
The prayer in this writ petition is to direct the second respondent herein to grant permission and to provide police protection to conduct the festival followed by cultural programs including the dance program (Adal Padal) schedule to be at 07.00 pm., to 10.00 pm, on 13.05.2022 at Arulmigu Paganeri Sri Paratha Vinayagar Thirukovil Kavadi Eaduppu Thiruvila, Arulananthar Street, Palaiyavalavu Paganeri, Sivagangai District.
2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) appearing on behalf of the respondents.
3. In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner therein to conduct cultural programme on certain conditions.
4. In view of the above decision rendered by the Hon'ble Division Bench of this Court, this Court is inclined to extend the very same relief to the petitioner. Accordingly this Writ petition is disposed of with the following conditions:-
https://www.mhc.tn.gov.in/judis 2/4 W.P (MD).No. 9592 of 2022 “a)The event shall be conducted in an organised 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 8.00 pm., and 11.00 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.
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"
f) the second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 13.05.2022 between 8.00 p.m., and 11.00 p.m., at Arulmigu Paganeri Sri Paratha Vinayagar Thirukovil Kavadi Eaduppu Thiruvila, Arulananthar Street, Palaiyavalavu Paganeri, Sivagangai District subject to the aforesaid conditions.
There shall be no order as to costs.
11.05.2022
Internet : Yes
Index : Yes/No
rmi
NOTE: Issue Order Copy on 12.05.2022
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W.P (MD).No. 9592 of 2022
M.DHANDAPANI, J.
rmi
To
1.The Deputy Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Mathagupatti Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P (MD).No.9592 of 2022
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