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Madras High Court

Samiyappan vs The Superintendent Of Police on 4 May, 2023

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                               W.P(MD)No.11319 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.11319 of 2023


                     Samiyappan                                                    ... Petitioner

                                                              Vs.

                     1.The Superintendent of Police,
                       Thanjavur District,
                       Thanjavur.

                     2.The Inspector of Police,
                       Peravoorani Police Station,
                       Thanjavur 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
                     second respondent to grant permission and give necessary police
                     protection to conduct the Adal Padal on 06.05.2023 at Mangala
                     Vinayagar        Thirukovil,      Melamanakadu,   Manakadu,       Peravoorani,
                     Thanjavur District.

                                      For Petitioner      :     Mr.M.Perumal



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https://www.mhc.tn.gov.in/judis
                                                                                  W.P(MD)No.11319 of 2023




                                      For Respondents :          N.Satheeshkumar
                                                                 Additional Government Pleader


                                                         ORDER

[Order of the Court was made by M.DHANDAPANI, J.] Mr.N.Satheeshkumar, 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 accompanying Affidavit, it is prayed that this Honourable Court may be pleased to issue a Writ or Direction in nature of WRIT of MANDAMUS directing the second respondent to grant permission and give necessary police protection to conduct the Adal Padal on 06.05.2023 at Mangala Vinayagar Thirukovil, Melamanakadu, Manakadu, Peravoorani, Thanjavur District and pass such further or other orders as this 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11319 of 2023 Hon'ble Court may deem fit and proper in the circumstances of this case and thus render justice."

4. There will be a direction to the respondents to consider the representation of the petitioner dated 02.05.2023 well in advance and grant permission to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 06.05.2023 between 7.00 p.m., and 10.00 p.m., at "Mangala Vinayagar Thirukovil, Melamanakadu, Manakadu, Peravoorani, Thanjavur District”, 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., 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 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11319 of 2023

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

                     abr / krk

Note : Issue Order copy on 05.05.2023 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11319 of 2023 To

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

5/6

https://www.mhc.tn.gov.in/judis W.P(MD)No.11319 of 2023 M.DHANDAPANI, J.

and R.VIJAYAKUMAR, J.

abr / krk W.P(MD)No.11319 of 2023 04.05.2023 6/6 https://www.mhc.tn.gov.in/judis