Madras High Court
R.Aravindan vs The Deputy Superintendent Of Police on 15 March, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No. 4550 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No. 4550 of 2022
R.Aravindan .. Petitioner
Vs.
1.The Deputy Superintendent of Police
Y.Othakadai,
Madurai District.
2.The Inspector of Police,
Y.Othakadai Police Station
Y.Othakadai,
Madurai District. .....Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, directing the 2nd respondent and requested him to
grant permission for conducting 'Maha Urtchava Thiruvizha' festival followed
by cultural programs including the dance programe [adal padal] schedule to be
at 06.00 pm on 18.03.2022 at Arulmigu Sri Malaisamy Thirukovil at Vowal
Thottam, Madurai District.
For Petitioner : Mr.K.Srinivasaragavan
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
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W.P (MD).No. 4550 of 2022
ORDER
The prayer in this writ petition is to direct the 2nd respondent to grant permission 2nd respondent and requested him to grant permission for conducting 'Maha Urtchava Thiruvizha' festival followed by cultural programs including the dance programe [adal padal] schedule to be at 06.00 pm on 18.03.2022 at Arulmigu Sri Malaisamy Thirukovil at Vowal Thottam, Madurai District.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor 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 to conduct cultural programme on certain conditions. The said conditions read as follows:
'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.
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c)The cultural program shall be restricted between 6.00 p.m. and 11.00 p.m.
d)If there is any violation of the above said conditions, the respondent 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 restrictions have now been lifted and permitted to gather not more than 50 persons for the festival function.'
4.This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands disposed of. 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 'Maha Urtchava Thiruvizha' and 'dance programe namely, adal padal' on 18.03.2022 between 6.00 pm., to 11.00 p.m., at ''Arulmigu Sri Malaisamy Thirukovil'' at Vowal Thottam, Madurai District, subject to the aforesaid conditions.
15.03.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
ias
Note: Issue order copy on 15.03.2022 https://www.mhc.tn.gov.in/judis 3 /4 W.P (MD).No. 4550 of 2022 G.K.ILANTHIRAIYAN, J.
ias To:
1.The Deputy Superintendent of Police Y.Othakadai, Madurai District.
2.The Inspector of Police, Y.Othakadai Police Station Y.Othakadai, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.W.P (MD).No.4550 of 2022
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