Madras High Court
P.Rengadurai vs The Deputy Superintendent Of Police on 11 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No. 6703 of 2022
P.Rengadurai ... Petitioner
Vs.
1. The Deputy Superintendent of Police,
Theni Town,
Theni District.
2. The Inspector of Police,
Veerapandi Police Station,
Veerapandi,
Theni District. ....Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue
a writ of mandamus, directing the 2nd Respondent to grant permission and
necessary protection for conducting "Maha Urtchava Thiruvizha" festival followed by
cultural programs including the dance program (Adal Padal) schedule to be at
06.00pm on 13.04.2022 at Arulmigu Chellayeeamman Thirukovil at Muthudevanpatti
Village, Theni District.
For Petitioner : Mr.S.Sasikumar
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
for R1 & R2
https://www.mhc.tn.gov.in/judis
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ORDER
The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to perform the "Maha Urtchava Thiruvizha" festival followed by cultural programs including the dance program (Adal Padal) schedule to be at 06.00pm on 13.04.2022 at Arulmigu Chellayeeamman Thirukovil at Muthudevanpatti Village, Theni District.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner therein to conduct cultural programme on certain conditions. The said conditions read as follows:
“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 aadal padal Program shall be restricted between 6.00 pm., 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.
https://www.mhc.tn.gov.in/judis 3
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".
4. This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 13.04.2022 and on receipt of the same, the second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the cultural programs including the dance program (Adal Padal) on 13.04.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Chellayeeamman Thirukovil at Muthudevanpatti Village, Theni District subject to the aforesaid conditions. There shall be no order as to costs.
11.04.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
btr/mga
Note: Issue order copy on 12.04.2022.
https://www.mhc.tn.gov.in/judis
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G.K.ILANTHIRAIYAN, J.
btr/mga
To
1. The Deputy Superintendent of Police, Theni Town, Theni District.
2. The Inspector of Police, Veerapandi Police Station, Veerapandi, Theni District.
3. The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
W.P (MD).No.6703 of 2022
11.04.2022 https://www.mhc.tn.gov.in/judis