Madras High Court
S.Ramasamy vs The Superintendent Of Police on 18 May, 2022
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P (MD).No.10008 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.05.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P(MD).No.10008 of 2022
S.Ramasamy ... Petitioner
Vs.
1.The Superintendent of Police,
Madurai,
Madurai District.
2.The Inspector of Police (L&O),
T.Kallupatti Police Station,
Madurai District. ....Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Mandamus, directing the second respondent to grant
permission for conducting children's dance programe on 09.06.2022 at about
07.00 p.m and ''Aadal Paadal (Dance Programme)'' on 11.06.2022 at about
night 07.00 p.m to 11.00 p.m, for two days, to celebrate the festival in
''Arulmigu Sri Shakthi Kaliamman Temple'', which is situated in Puliampatti
Village, Peraiyur Taluk, Madurai District and consequently to give adequate
police protection to the festival on the basis of the petitioner's representation,
dated, 13.05.2022.
For Petitioner : Mr.J.Jeyakumaran
For Respondents : Mr.B.Nambi Selvan
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/5
W.P (MD).No.10008 of 2022
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, directing the second respondent to grant permission for conducting children's dance programe on 09.06.2022 at about 07.00 p.m and ''Aadal Paadal (Dance Programme)'' on 11.06.2022 at about night 07.00 p.m to 11.00 p.m, for two days, to celebrate the festival in ''Arulmigu Sri Shakthi Kaliamman Temple'', which is situated in Puliampatti Village, Peraiyur Taluk, Madurai District and consequently to give adequate police protection to the festival on the basis of the petitioner's representation, dated, 13.05.2022.
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) https://www.mhc.tn.gov.in/judis 2/5 W.P (MD).No.10008 of 2022 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 that if the same conditions imposed in M.Sakthi's case (supra) are imposed to the present writ petitioners, 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 Children's dance programme on 09.06.2022 and ''Aadal Paadal dance programme'' on 11.06.2022 at ''Arulmigu Sri Shakthi Kaliamman Temple'', at Puliampatti Village, Peraiyur Taluk, Madurai 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 https://www.mhc.tn.gov.in/judis 3/5 W.P (MD).No.10008 of 2022 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 is disposed of. There shall be no order as to costs.
18.05.2022
gbg
Internet : Yes
Index : Yes/No
Note: Issue Order Copy on 07.06.2022.
To
1.The Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police (L&O), T.Kallupatti Police Station, Madurai District.
https://www.mhc.tn.gov.in/judis 4/5 W.P (MD).No.10008 of 2022 T.V.THAMILSELVI, J gbg W.P (MD).No.10008 of 2022 18.05.2022 https://www.mhc.tn.gov.in/judis 5/5