Madras High Court
P.Selvakumar vs The Deputy Superintendent Of Police on 4 May, 2023
Author: M.Dhandapani
Bench: M.Dhandapani, R.Vijayakumar
W.P(MD)No.11361 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.11361 of 2023
P.Selvakumar ... Petitioner
Vs.
1.The Deputy Superintendent of Police
Devakottai,
Sivagangai District.
2.The Inspector of Police
Devakottai Police Station,
Sivagangai 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 2nd
respondent to grant permission and necessary protection to perform the
cultural program (i.e.,) Adal Padal on 09.05.2023 at 7.00. p.m. to 11.00
p.m., in the evening of “Sri Thanga Vinayagar, Sri Muthumariyamman
Thirukovil Thiruvizha, Kiliyur, Karkalathur, Sivagangai District,
considering the petitioner's representation dated 02.05.2023.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.11361 of 2023
For Petitioner : Mr.J.Krishna Kumar
For Respondents : Mr.N.Satheesh Kumar,
Additional Government Pleader
ORDER
(Order of the Court was made by M.DHANDAPANI,J) Mr.N.Satheesh Kumar, 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 direction more particularly in the nature of a WRIT OF MANDAMUS directing the 2nd respondent to grant permission and necessary protection to perform the cultural program (i.e.,) Adal Padal on 09.05.2023 at 7.00. p.m. to 11.00 p.m., in the evening of “Sri Thanga Vinayagar, Sri Muthumariyamman Thirukovil Thiruvizha, Kiliyur, 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11361 of 2023 Karkalathur, Sivagangai District, considering the petitioner's representation dated 02.05.2023. "
4. There will be a direction to the second respondent to consider the application of the petitioner dated 02.05.2023 well in advance and grant permission to conduct the cultural programs including the dance program (Adal Padal) between 7.00 p.m., and 10.00 p.m., at "Thanga Vinayagar, Sri Muthumariyamman Thirukovil Thiruvizha, Kiliyur, Karkalathur, Sivagangai District”, after 10th of May, 2023, since Chithirai festival is being conducted till 10th May, 2023, 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 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11361 of 2023 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
VSM/PM
4/6
https://www.mhc.tn.gov.in/judis W.P(MD)No.11361 of 2023 To
1.The Deputy Superintendent of Police Devakottai, Sivagangai District.
2.The Inspector of Police Devakottai Police Station, Sivagangai District.
5/6https://www.mhc.tn.gov.in/judis W.P(MD)No.11361 of 2023 M.DHANDAPANI, J.
AND R.VIJAYAKUMAR, J.
VSM/PM ORDER MADE IN W.P(MD)No.11361 of 2023 04.05.2023 6/6 https://www.mhc.tn.gov.in/judis