Madras High Court
Muthuraj vs The Assistant Returning Officer on 22 May, 2024
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD).No.11330 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.05.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.11330 of 2024
Muthuraj ... Petitioner
Vs
1.The Assistant Returning Officer,
190, Sholavanthan Assembly Constituency,
23, Theni Parliamentary Constituency and Tahsildar,
Vadipatti Taluk, Madurai District.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Samayanallur Sub Division,
Madurai District.
3.The Inspector of Police,
Samayanallur 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, directing the
respondents to grant permission and provide police protection for
conducting Aadal Padal, a dance programme on 23.05.2024 by considering
the representation dated 14.05.2024.
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W.P.(MD).No.11330 of 2024
For Petitioner : Mr.S.Rajasekaran
For Respondents : Mr.M.Muthumanikkam
Government Advocate(Crl.Side)
ORDER
This Writ Petition is filed for Mandamus directing the respondents to grant permission and provide police protection for conducting Aadal Padal programme on 23.05.2024 of Arulmigu Veerakali Amman Festival, Vittankulam Village, Alanganallur, Vadipatti Taluk, Madurai District by considering the writ petitioner's representation dated 14.05.2024.
2. In similar matters, where permission was sought for to conduct Adal Padal programmes, the Hon'ble Division Bench of this Court in W.P. (MD)No.12535 of 2023 in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy and another, had an occasion to consider the issue and in the said decision dated 24.05.2023, the Division Bench had issued the following directions to the respondents therein:
“15. Therefore, this Court, in order to give a quietus to such issues, disposes of this writ petition with the following directions:2/6
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(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 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 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.11330 of 2024 the Districts for issuing suitable instructions to their subordinate officers. No costs.”
3. In the instant case, the writ petitioner has given a representation to the respondents seeking permission to conduct dance programme. However, the writ petitioner's representation has not been considered till date. Necessarily, the respondents will have to abide by the directions of the Division Bench of this Court in the aforesaid decision. In view of the same, the representation of the writ petitioner will have to be considered by the third respondent on merits and in accordance with law after giving due consideration to the directions issued by the Division Bench of this Court in W.P.(MD).No.12535 of 2023 dated 24.05.2023 in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy and another.
4. Accordingly, the third respondent is directed to pass final orders on merits and in accordance with law on the writ petitioner's representation, dated 14.05.2024 in the light of the directions issued by the Division Bench of this Court on 24.05.2023 in W.P.(MD).No.12535 of 2023 in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy and another, on or before 23.05.2024.
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5. In view of the above, this Writ Petition is allowed. There shall be no order as to costs.
22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No csm Note : Issue order copy on 22.05.2024 To
1.The Assistant Returning Officer, 190, Sholavanthan Assembly Constituency, 23, Theni Parliamentary Constituency and Tahsildar, Vadipatti Taluk, Madurai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.
3.The Inspector of Police, Samayanallur Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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