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[Cites 1, Cited by 0]

Madras High Court

P.Malaichamy vs / on 14 September, 2023

Author: D.Nagarjun

Bench: D.Nagarjun

                                                                           W.P.(MD) No.22483 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 14.09.2023

                                                      CORAM

                                  THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                          W.P.(MD) No.22483 of 2023
                                                    and
                                         W.M.P.(MD) No.18740 of 2023

                 P.Malaichamy                                           ... Petitioner
                                                        /vs./

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

                 2.The Sub Inspector of Police,
                   Odaipatty Police Station,
                   Odaipatty,
                   Theni District.                                      ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorarified Mandamus, calling for the records relating to
                 the order passed by the 2nd respondent dated 10.09.2023 and quash the same and
                 directing the respondents to grant permission to our village people to conduct
                 Adal Padal Programme on 16.09.2023 and 17.09.2023 as a part of the Arulmigu
                 Sri Pommiyammal, Sri Perumal, Sri Karuppasamy Thirukovil, Seepalakottai
                 Village, Uthamapalayam Taluk, Theni District.


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                                                                                 W.P.(MD) No.22483 of 2023



                                  For Petitioner    : Mr.K.Guhan

                                  For Respondents : Mr.B.Thanga Aravindh
                                                  Government Advocate (Crl.side)

                                                       ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a Mandamus directing the respondent police to grant the permission and protection to conduct the Aadal Paadal programme on 16.09.2023 and 17.09.2023 in connection with the festival of Arulmigu Sri Pommiyammal, Sri Perumal and Sri Karuppasamy Thirukovil situated at Seepalakottai Village, Uthamapalayam Taluk, Theni District.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) has submitted that the respondent police have rejected the permission, since the petitioner is likely to play dual meaning songs and also exhibit obscene during the course of dance programme.

3.At this juncture, the learned counsel for the petitioner submits that there is no rivalry in the village and the villagers would undertake that the Aadal Paadal 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22483 of 2023 programme will be conducted in a dignified manner without giving any scope for any comment, without playing dual meaning songs and without subjecting the dancers or others to obscene.

4.In view of the submissions made by the learned counsel on either side, the petitioner is directed to file a fresh application before the respondent police and on filing of such application and on giving written undertaking to the police by the petitioner, one Mr.Selvam, Sub Inspector of Police, Odaipatty Police Station, Theni District, who is present before the Court, is directed to consider and dispose of the same without the order being served on him, as the programme is scheduled to be conducted 15.09.2023.

5.With the above directions, this Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

                 Speaking             : Yes / No                                14.09.2023
                 NCC                  : Yes / No
                 Internet             : Yes / No
                 Index                : Yes / No

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                                                          W.P.(MD) No.22483 of 2023



                 Note : Issue order copy on 15.09.2023


                 To

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

2.The Sub Inspector of Police, Odaipatty Police Station, Odaipatty, Theni District.

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