Madras High Court
No.6-3- 28 vs The Director General Of Police on 18 May, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P(MD)No.12264 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P (MD).No. 12264 of 2023
Sangankottai Grama Nala Sangam
Regd.No.140/2014, Gramachavadi
No.6-3- 28, Sangankottai Chithadi Street,
Sholavandan, Vadipatti Taluk
Madurai District 625 212
Represented by its Secretary
V.Ramakrishnan ..Petitioner
Vs
1. The Director General of Police
Radhakrishnan Salai, Mylapore,
Chennai 600 004
2. The Superintendent of Police
Office of the Superintendent of Police
Alagar Kovil Main Road, LIG Colony, K.Pudhur,
Madurai 625 002, Madurai District.
3. The Inspector of Police
H-3, Sholavandan Police Station
Sholavandan
Madurai District 625 214 ....Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, to direct the 3rd respondent to grant permission to
the petitioner and issue police protection order before three days of the date of
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12264 of 2023
Thiruvizha namely on 27.05.2023 to conduct Aadal Padal (dance programme)
show at the evening hours to be held on 31.05.2023 between 8.00 P.M to
11.00 P.M. at Manthaikalam open Auditorium situated within Sangankottai
Village on the eve of Arulmighu Janagai Mariamman Temple Thiruvizha at
Sholavandan, Vadipatti Taluk, Madurai District pursuant to the representation
of the petitioner dated 27.04.2023.
For Petitioner : Mr.K.Shivakumar
For Respondents : Mr.A.Albert James
Government Advocate (Crl.Side)
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the 3rd respondent to grant permission to the petitioner and issue police protection order before three days of the date of Thiruvizha namely on 27.05.2023 to conduct Aadal Padal (dance programme) show at the evening hours to be held on 31.05.2023 between 8.00 P.M to 11.00 P.M. at Manthaikalam open Auditorium situated within Sangankottai Village on the eve of Arulmighu Janagai Mariamman Temple Thiruvizha at Sholavandan Vadipatti Taluk, Madurai District pursuant to the representation of the petitioner dated 27.04.2023.
2. Heard the learned counsel on either side. https://www.mhc.tn.gov.in/judis W.P(MD)No.12264 of 2023
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 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 third respondent herein to grant permission to the petitioner to conduct the Aadal Padal (dance programme) show at the evening hours to be held on 31.05.2023 between 8.00 P.M to 11.00 P.M. at Manthaikalam open Auditorium situated within Sangankottai Village on the eve of Arulmighu Janagai Mariamman Temple Thiruvizha at Sholavandan, Vadipatti Taluk, Madurai District subject to the following conditions:
https://www.mhc.tn.gov.in/judis W.P(MD)No.12264 of 2023 '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.
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.
18.05.2023
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
https://www.mhc.tn.gov.in/judis W.P(MD)No.12264 of 2023 To
1. The Director General of Police Radhakrishnan Salai, Mylapore, Chennai 600 004
2. The Superintendent of Police Office of the Superintendent of Police Alagar Kovil Main Road, Lig Colony K.Pudhur, Madurai 625 002, Madurai District.
3. The Inspector of Police H-3 Sholavandan Police Station Sholavandan Madurai District 625 214 https://www.mhc.tn.gov.in/judis W.P(MD)No.12264 of 2023 T.V.THAMILSELVI, J.
msa W.P (MD).No. 12264 of 2023 18.05.2023 https://www.mhc.tn.gov.in/judis