Madras High Court
P.Kandhasamy vs The Superintendent Of Police on 4 May, 2023
Author: M.Dhandapani
Bench: M.Dhandapani, R.Vijayakumar
W.P(MD)No.11334 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.11334 of 2023
P.Kandhasamy ... Petitioner
Vs.
1.The Superintendent of Police,
Karur District,
Karur.
2.The Inspector of Police,
Velliyanai Police Station,
Karur 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 give permission to the Petitioner to organize dance
programme(Aadal and Paadal) on 09.05.2023 from 7.00 p.m to 10.0.m at
Sri Mariamman and Bahawathiamman Temple, Kandhasaarapatti,
Mookkankurichi, Karur Taluk, Karur District with light and sound by
considering the Petitioner's representation dated 26.4.2023.
For Petitioner :Mr.K.Sridhar
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.11334 of 2023
For Respondents :Mr.N.Satheeshkumar,
Addl. Government Pleader
ORDER
********** (Order of the Court was made by M.DHANDAPANI,J) Mr.N.Satheeshkumar, learned Addl. 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 therefore prayed that this Hon-ble Court may be pleased to issue a WRIT OF MANDAMUS directing the respondents to give permission to the Petitioner to organize dance programme(Aadal and Paadal) on 09.05.2023 from 7.00 p.m to 10.0.m at Sri Mariamman and Bahawathiamman Temple, Kandhasaarapatti, Mookkankurichi, Karur Taluk, Karur District with light and sound by considering the Petitioner's representation dated 26.4.2023. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11334 of 2023 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."
4. There will be a direction to the respondents to consider the application of the petitioner, dated 26.04.2023 well in advance and grant permission to conduct the festival followed by cultural Programme including dance programme(Aadal and Padal) at Sri Mariamman and Bahawathiamman Temple, Kandhasaarapatti, Mookkankurichi, Karur Taluk, Karur District on 09.05.2023 between 07.00 p.m. and 10.00 p.m., 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.
e)In case if there is any discrepancy with regard to the date on 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11334 of 2023 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
VSN/RM
Note : Issue Order copy on 05.05.2023 To
1.The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Velliyanai Police Station, Karur District.
4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11334 of 2023 M.DHANDAPANI, J.
AND R.VIJAYAKUMAR, J.
VSN/RM 0RDER MADE IN W.P(MD)No.11334 of 2023 04.05.2023 5/5 https://www.mhc.tn.gov.in/judis