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Madras High Court

C.Kumar vs The Superintendent Of Police on 4 May, 2023

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                           W.P(MD)No.11398 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 04.05.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI
                                                   AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P(MD)No.11398 of 2023


                     C.Kumar                                                   ... Petitioner


                                                        Vs.


                     1.The Superintendent of Police
                       Sivagangai District,
                       Sivagangai.

                     2.The Inspector of Police
                       Pallathur Police Station,
                       Sivagangai 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 necessary protection to conduct the
                     “Adal Padal” Programme on 06.05.2023 at 07.00 p.m. to 10.00 p.m. in
                     connection with “Thiru Vizha” of Arulmigu Sri Kottai Nachiamman
                     Thirukovil at Kottaiyur Village, Tiruppathur Taluk, Sivagangai District.



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https://www.mhc.tn.gov.in/judis
                                                                                  W.P(MD)No.11398 of 2023


                                      For Petitioner            : Mr.S.Sundarapandian

                                      For Respondents           : Mr.D.Gandhiraj,
                                                                 Special Government Pleader


                                                          ORDER

********** (Order of the Court was made by M.DHANDAPANI,J) Mr.D.Gandhiraj, learned Special Government Pleader, takes notice on behalf of the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition reads as follows:

"For the reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court to issue a Writ of Mandamus, directing the Respondents to grant permission and necessary protection to conduct the “Adal Padal” Programme on 06.05.2023 at 07.00 p.m. to 10.00 p.m. in connection with “Thiru Vizha” of Arulmigu Sri Kottai 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11398 of 2023 Nachiamman Thirukovil at Kottaiyur Village, Tiruppathur Taluk, Sivagangai District."

4. There will be a direction to the respondents to consider the application of the petitioner dated 24.04.2023 well in advance and grant permission and necessary police protection to conduct the cultural programs including the dance program (Adal Padal) between 7.00 p.m., and 10.00 p.m., at "Arulmigu Sri Kottai Nachiamman Thirukovil” at Kottaiyur Village, Tiruppathur Taluk, Sivagangai District, after 10th of May, 2023, since Chithirai festival is being conducted till 10th May, 2023, subject to the following conditions :-

a)The event shall be conducted in an organized 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 7.00 pm., and 10.00 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 and 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11398 of 2023
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.

5. The writ petition is disposed of with the above directions.

No costs.

                                                               [M.D.I.,J.]     [R.V.,J.]
                                                                        04.05.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No

                     SJ/TA

Note : Issue Order copy on 05.05.2023 To

1.The Superintendent of Police Sivagangai District, Sivagangai.

2.The Inspector of Police Pallathur Police Station, Sivagangai District.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.11398 of 2023 M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

SJ/TA ORDER MADE IN W.P(MD)No.11398 of 2023 04.05.2023 5/5 https://www.mhc.tn.gov.in/judis