Tamilvendan vs The Deputy Superintendent Of Police on 4 May, 2023

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Madras High Court

Tamilvendan vs The Deputy Superintendent Of Police on 4 May, 2023

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                         W.P(MD)No.11305 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.11305 of 2023


                     Tamilvendan                                             ... Petitioner

                                                        Vs.

                     1.The Deputy Superintendent of Police,
                       Orathanadu,
                       Thanjavur District.

                     2.The Inspector of Police,
                       Papanadu Police Station,
                       Thanjavur 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
                     second respondent to grant permission and protection for conducting
                     “Chithirai Thiruvizha” festival followed by cultural programs including
                     the Adal Padal programme to be held on 04.05.2023 between 07.00 p.m.
                     to 12 a.m., in Sri Singaperumal Swamy, Sri Muthaiyan Swamy, Sri
                     Nachiyaramman Swamy Temple at Therku Kottai – Vadakku Kottai
                     Village, Orathanadu Taluk, Thanjavur based on the petitioner's
                     representation dated 02.05.2023.

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https://www.mhc.tn.gov.in/judis
                                                                                  W.P(MD)No.11305 of 2023




                                      For Petitioner           : Mr.K.G.Arumkumar

                                      For Respondents          : Mr.K.S.Selvaganesan,
                                                                Additional Government Pleader


                                                         ORDER

(Order of the Court was made by M.DHANDAPANI,J) Mr.K.S.Selvaganesan, learned Additional 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 or Order or Direction or in the nature of WRIT OF MANDAMUS directing the second respondent to grant permission and protection for conducting “Chithirai Thiruvizha” festival followed by cultural programs including the Adal Padal programme to be held on 04.05.2023 between 07.00 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11305 of 2023 p.m. to 12 a.m., in Sri Singaperumal Swamy, Sri Muthaiyan Swamy, Sri Nachiyaramman Swamy Temple at Therku Kottai – Vadakku Kottai Village, Orathanadu Taluk, Thanjavur based on the petitioner's representation dated 02.05.2023 and thus render justice."

4. There will be a direction to the respondents to consider the representation of the petitioner dated 02.05.2023 well in advance and grant permission to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 04.05.2023 between 7.00 p.m., and 10.00 p.m., at "Sri Singaperumal Swamy, Sri Muthaiyan Swamy, Sri Nachiyaramman Swamy Temple at Therku Kottai – Vadakku Kottai Village, Orathanadu Taluk, Thanjavur”, 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.;

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https://www.mhc.tn.gov.in/judis W.P(MD)No.11305 of 2023

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

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

                     abr / krk

Note : Issue Order copy on 04.05.2023 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11305 of 2023 To

1.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Papanadu Police Station, Thanjavur District.

5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11305 of 2023 M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

abr / krk W.P(MD)No.11305 of 2023 04.05.2023 6/6 https://www.mhc.tn.gov.in/judis

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