Madras High Court
S.Pandikannan vs The Deputy Superintendent Of Police on 26 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No.8098 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.8098 of 2022
S.Pandikannan ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Peraiyur Circle, Madurai District.
2.The Inspector of Police,
M.Kallupatti Town Police Station,
M.Kallupatti, Madurai 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 for conducting 'Chiththirai Pongal Thiruvizha' festival followed
cultural programs including the dance program (Adal Padal) scheduled to be held at
06.00 p.m. on 08.05.2022 at Arulmigu Mariamman Thirukovil at
Thullukuttinayakkannur Village, Peraiyur Taluk, Mdurai District.
For Petitioner : Mr.K.Srinivasaragavan
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
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W.P (MD).No.8098 of 2022
ORDER
The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to conduct the 'Chiththirai Pongal Thiruvizha' festival followed cultural programs including the dance program (Adal Padal) scheduled to be held at 06.00 p.m. on 08.05.2022 at Arulmigu Mariamman Thirukovil at Thullukuttinayakkannur Village, Peraiyur Taluk, Mdurai 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 therein 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.
c)The aadal padal Program shall be restricted between 6.00 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.
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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".
4. This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 08.05.2022 and on receipt of the same, 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 'Chiththirai Pongal Thiruvizha' festival followed cultural programs including the dance program (Adal Padal) on 08.05.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu Mariamman Thirukovil at Thullukuttinayakkannur Village, Peraiyur Taluk, Mdurai District subject to the aforesaid conditions. There shall be no order as to costs.
26.04.2022 Internet : Yes Index : Yes/No Speaking/Non Speaking order btr https://www.mhc.tn.gov.in/judis 3/5 W.P (MD).No.8098 of 2022 To
1.The Deputy Superintendent of Police, Peraiyur Circle, Madurai District.
2.The Inspector of Police, M.Kallupatti Town Police Station, M.Kallupatti, Madurai District..
3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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btr W.P (MD).No.8098 of 2022 26.04.2022 https://www.mhc.tn.gov.in/judis 5/5