Madras High Court
Marisamy vs The Deputy Superintendent Of Police on 18 May, 2022
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P (MD).No.10038 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.05.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P(MD).No.10038 of 2022
Marisamy ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Peraiyur,
Madurai District.
2.The Inspector of Police,
Villur Police Station,
Madurai District. ....Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Mandamus, directing the respondents herein to grant
permission and to provide police protection to conduct the ''Aadalum
Paadalum'' dance programme on 02.06.2022 in pursuant to the ''Vaigasi
Thiruvizha'' of ''Sree Muthallamman Temple'', situated at M.Puliyankulam,
Thirumangalam Taluk, Madurai District, by considering the petitioner's
representation dated 14.05.2022 and 17.05.2022.
For Petitioner : Mr.D.Ramesh Kumar
For Respondents : Mr.M.Sakthi Kumar
Government Advocate(Crl. Side)
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W.P (MD).No.10038 of 2022
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents herein to grant permission and to provide police protection to conduct the ''Aadalum Paadalum'' dance programme on 02.06.2022 in pursuant to the ''Vaigasi Thiruvizha'' of ''Sree Muthallamman Temple'', situated at M.Puliyankulam, Thirumangalam Taluk, Madurai District, by considering the petitioner's representation dated 14.05.2022 and 17.05.2022.
2.Heard the learned counsel on either side.
3.The petitioner's request for conducting the cultural programme has not been acted upon by the respondent police, which prompted the petitioner to file the present writ petition.
4.In identical circumstances, this Court had been granting permission to conduct Adal Padal events and similar cultural events, to various similarly placed petitioners. In the case of M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017, a Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view https://www.mhc.tn.gov.in/judis 2/5 W.P (MD).No.10038 of 2022 that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioners, the ends of justice could be secured.
5. Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct the ''Aadalum Paadalum'' dance programme on 02.06.2022 at ''Sree Muthallamman Temple'', situated at M.Puliyankulam, Thirumangalam Taluk, Madurai District between 8.00 a.m. and 11.00 p.m., subject to the following conditions:
'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 cultural Program shall be restricted between 8.00 a.m. 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) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear their objections and take a decision in accordance with the order passed by this Court.' https://www.mhc.tn.gov.in/judis 3/5 W.P (MD).No.10038 of 2022
g) All the participants shall wear masks and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation.
6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
18.05.2022
gbg
Internet : Yes
Index : Yes/No
Note: Issue Order Copy on 31.05.2022.
To
1.The Deputy Superintendent of Police, Peraiyur, Madurai District.
2.The Inspector of Police, Villur Police Station, Madurai District.
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