Madras High Court
S.Kumar vs The Superintendent Of Police on 4 May, 2023
Author: M.Dhandapani
Bench: M.Dhandapani, R.Vijayakumar
W.P(MD)No.11337 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.11337 of 2023
S.Kumar ... Petitioner
Vs.
1.The Superintendent of Police
Sivagangai District,
Sivagangai.
2.The Inspector of Police
Azhagappapuram 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
respondents to give permission to the petitioner to organize dance
program (Adal and Padal ) on 05.05.2023 from 7.00 PM to 11.00 PM at
Arulmigu Sri Suyam Peragatheeswarar Sountharanayagiyamman Temple
Illuppaikudi, Karaikudi, Sivagangai District, with light and sound by
considering the petitioner's representation dated 29.04.2023.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11337 of 2023
For Petitioner : Mr.K.Sridhar
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 most respectfully prayed that this Hon'ble Court to issue a WRIT OF MANDAMUS or any other Writ or Order or Direction in the nature of Writ directing the respondents to give permission to the petitioner to organize dance program (Adal and Padal ) on 05.05.2023 from 7.00 P.M. to 11.00 P.M. at 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11337 of 2023 Arulmigu Sri Suyam Peragatheeswarar Sountharanayagiyamman Temple Illuppaikudi, Karaikudi, Sivagangai District, with light and sound by considering the petitioner's representation dated 29.04.2023 and pass any order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."
4. There will be a direction to the respondents to consider the application of the petitioner dated 29.04.2023 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 "Arulmigu Sri Suyam Peragatheeswarar Sountharanayagiyamman Temple", Illuppaikudi, Karaikudi, 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., 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11337 of 2023 and 10.00 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 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
VSN/RM
Note : Issue Order copy on 05.05.2023 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11337 of 2023 To
1.The Superintendent of Police Sivagangai District, Sivagangai.
2.The Inspector of Police Azhagappapuram Police Station, Sivagangai District.
5/6https://www.mhc.tn.gov.in/judis W.P(MD)No.11337 of 2023 M.DHANDAPANI, J.
AND R.VIJAYAKUMAR, J.
RM/VSN ORDER MADE IN W.P(MD)No.11337 of 2023 04.05.2023 6/6 https://www.mhc.tn.gov.in/judis