Madras High Court
Prabhakaran vs The Superintendent Of Police on 17 May, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P(MD)No.12034 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P (MD).No. 12034 of 2023
Prabhakaran ...Petitioner
Vs
1.The Superintendent of Police,
Thanjavur District,
Thanjavur.
2.The Inspector of Police
Peravurani Police Station,
Peravurani,
Thanjavur District. ...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, directing the respondents herein to grant permission
and provide Police protection to conduct the ''Aadalum Paadalum Program''
dance Programme on 21.05.2023 from 07.00 p.m to 11.00 p.m in pursuant to
the Vaikasi Perunthiruvizha of Arulmigu Sree Karpaga Vinayagar Thirukoil,
situated at Kuravankollai Village, Kurivikarambai Post, Peravurani Taluk,
Thanjavur District, by considering the petitioner's representation dated
11.05.2023.
For Petitioner : Mr.B.Anandan
For Respondents : Mr.S.S.Madhavan,
Government Advocate (Criminal Side)
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W.P(MD)No.12034 of 2023
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents herein to grant permission and provide Police protection to conduct the ''Aadalum Paadalum Program'' dance Programme on 21.05.2023 from 07.00 p.m to 11.00 p.m in pursuant to the Vaikasi Perunthiruvizha of Arulmigu Sree Karpaga Vinayagar Thirukoil, situated at Kuravankollai Village, Kurivikarambai Post, Peravurani Taluk, Thanjavur District, by considering the petitioner's representation dated 11.05.2023.
2. Heard the learned counsel 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 Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view https://www.mhc.tn.gov.in/judis 2/5 W.P(MD)No.12034 of 2023 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 second respondent herein to grant permission to the petitioner to conduct the "Adal Padal"
Programme on 21.05.2023 in pursuant to the Vaikasi Perunthiruvizha of Arulmigu Sree Karpaga Vinayagar Thirukoil, situated at Kuravankollai Village, Kurivikarambai Post, Peravurani Taluk, Thanjavur 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.
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.
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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 is disposed of. There shall be no order as to costs.
17.05.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
Speaking/Non Speaking order
Nsr
To
1.The Superintendent of Police,
Thanjavur District,
Thanjavur.
2.The Inspector of Police
Peravurani Police Station,
Peravurani,
Thanjavur District.
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Nsr W.P (MD).No.12034 of 2023 17.05.2023 https://www.mhc.tn.gov.in/judis 5/5