Madras High Court
Thamotharan vs The Superintendent Of Police on 24 May, 2023
W.P(MD).No.12582 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.05.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
W.P(MD).No.12582 of 2023
Thamotharan ...Petitioner
Vs
1. The Superintendent of Police
Office of the Superintendent of Police,
Trichy District.
2. The Deputy Superintendent Of Police,
Office of the Deputy Superintendent of Police
Jeeyapuram, Trichy District.
3 The Inspector of Police
Somarasampetti Police Station,
Trichy District. ...Respondents
Prayer:Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, directing the Respondents herein to grant
permission to conduct the Aadal Paadal dance program on 04.06.2023 at about
6.30 p.m in Arulmigu Sangili Aandavar and Arulmigu Thangamuthu
Mariamman Temple Situated at keerikkalmedu, Srirangam Taluk, Trichy
District by considering the petitioner`s representation dated 20.05.2023 and
pass such further or other orders as this Hon`ble Court may deem fit and proper
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W.P(MD).No.12582 of 2023
in the facts and circumstances of this case and thus render Justice.
For Petitioner : Mr.P.Sivachandran
For Respondents : Mr.M.Veeranthiran
Government Advocate (Crl.side)
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the Respondents herein to grant permission to conduct the Aadal Paadal dance program on 04.06.2023 at about 6.30 p.m in Arulmigu Sangili Aandavar and Arulmigu Thangamuthu Mariamman Temple Situated at keerikkalmedu, Srirangam Taluk, Trichy District by considering the petitioner`s representation dated 20.05.2023
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 https://www.mhc.tn.gov.in/judis 2/5 W.P(MD).No.12582 of 2023 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 that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioner, the ends of justice could be secured.
5. Accordingly, there shall be a direction to the third respondent herein to grant permission to the petitioner to conduct Aadal Paadal dance program on 04.06.2023 at about 6.30 p.m in Arulmigu Sangili Aandavar and Arulmigu Thangamuthu Mariamman Temple Situated at keerikkalmedu, Srirangam Taluk, Trichy District 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 https://www.mhc.tn.gov.in/judis 3/5 W.P(MD).No.12582 of 2023 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.'
g) All the participants shall follow the Covid – 19 norms fixed by the Government.
6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
24.05.2023
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
msa
To
1. The Superintendent of Police
Office of the Superintendent of Police, Trichy District.
2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police Jeeyapuram, Trichy District.
3 The Inspector of Police Somarasampetti Police Station, Trichy District.
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