Madras High Court
Manikandan vs The Deputy Superintendent Of Police on 24 May, 2023
W.P(MD)No.12476 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.05.2023
CORAM
THE HONOURABLE MR. JUSTICE P.VADAMALAI
W.P.(MD).No.12476 of 2023
Manikandan ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Sivakasi,
Virudhunagar District.
2.The Inspector of Police
Sivakasi Town Police Station,
Virudhunagar District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, directing the second respondent herein to grant
permission and to provide police protection to conduct the ''Aadal-Padal'' dance
programme on 01.06.2023 in Pursuant to the ''Vaigasi Thiruvizha'' at Arulmigu
Sree Pottal Kaliamman and Parasakthi Kaliamman Kovil situated at
D.Kansapuram, Sivakasi Taluk, Virudhunagar District by considering the
petitioner's representation, dated 01.05.2023.
For Petitioner : Mr.J.Jeya Arob Raja
For Respondents : Mr.M.Veeranthiran
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12476 of 2023
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second respondent herein to grant permission and to provide police protection to conduct the ''Aadal-Padal'' dance programme on 01.06.2023 in Pursuant to the ''Vaigasi Thiruvizha'' at Arulmigu Sree Pottal Kaliamman and Parasakthi Kaliamman Kovil situated at D.Kansapuram, Sivakasi Taluk, Virudhunagar District based on the petitioner's representation, dated 01.05.2023.
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 https://www.mhc.tn.gov.in/judis W.P(MD)No.12476 of 2023 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 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 ''Adal Padal'' on 01.06.2023 at Arulmigu Sree Pottal Kaliamman and Parasakthi Kaliamman Kovil situated at D.Kansapuram, Sivakasi Taluk, Virudhunagar 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.
https://www.mhc.tn.gov.in/judis W.P(MD)No.12476 of 2023
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 follow the Covid – 19 norms fixed by the Government.'
6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
24.05.2023
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
Speaking/Non Speaking order
MGA
To
1.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.
2.The Inspector of Police Sivakasi Town Police Station, Virudhunagar District.
https://www.mhc.tn.gov.in/judis W.P(MD)No.12476 of 2023 P.VADAMALAI, J.
MGA W.P (MD).No.12476 of 2023 24.05.2023 https://www.mhc.tn.gov.in/judis