A.Sasi Kumar vs The Deputy Superintendent Of Police on 19 May, 2022

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Madras High Court

A.Sasi Kumar vs The Deputy Superintendent Of Police on 19 May, 2022

Bench: T.V.Thamilselvi

WP(MD). No. 10054 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:19.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

WP(MD). No.10054 of 2022
A.Sasi Kumar ... Petitioner

1.The Deputy Superintendent of Police,
Theni, Theni District.

2. The Inspector of Police,
Allinagaram Police Station,
Theni District. ... Respondents

PRAYER :- Writ Petition is filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus directing the
second respondent to grant permission and necessary protection to
perform the cultural program i.e., Adal Padal program on 15.06.2022 at
07.00 P.M to 11.00 P.M in Arulmigu Sri Sounthararaja Perumal Temple
Festival, Main Road, Vadapudupatty, Theni District, based on the
petitioner's representation dated 13.05.2022 pending on the file of the
respondents.
For Petitioner : Mr.R.Shankar Ganesh
For Respondents : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor

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WP(MD). No. 10054 of 2022

ORDER

This Writ Petition has been filed to issue a Writ of Mandamus, directing the second respondent to grant permission and necessary protection to perform the cultural program i.e., Adal Padal program on 15.06.2022 at 07.00 P.M to 11.00 P.M in Arulmigu Sri Sounthararaja Perumal Temple Festival, Main Road, Vadapudupatty, Theni District, based on the petitioner's representation dated 13.05.2022.

2.Heard the learned counsel's 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 2/6 https://www.mhc.tn.gov.in/judis WP(MD). No. 10054 of 2022 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 respondent police herein to grant permission to the petitioner to conduct the cultural programme on 15.06.2022 at Arulmigu Sri Sounthararaja Perumal Temple Festival, Main Road, Vadapudupatty, Theni 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.

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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.

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 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 disposed of. There shall be no order as to costs.




                                                                                    19.05.2022
                     Internet   : Yes
                     Index      : Yes/No
                     Speaking/Non Speaking order

Note: Issue Order Copy on 13.06.2022 ebsi In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Deputy Superintendent of Police, Theni, Theni District.

2. The Inspector of Police, Allinagaram Police Station, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis WP(MD). No. 10054 of 2022 T.V.THAMILSELVI, J.

ebsi ORDER IN WP(MD) No. 10054 of 2022 Date : 19/05/2022 6/6 https://www.mhc.tn.gov.in/judis

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