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[Cites 1, Cited by 0]

Madras High Court

K.Premanantham vs The Superintendent Of Police on 4 May, 2023

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                              W.P(MD)No.11416 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.11416 of 2023

                     K.Premanantham                                       ... Petitioner
                                                          Vs.

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

                     2.The Inspector of Police,
                     Karambakkudi Police Station,
                     Karambakudi, Pudhukottai District.                   ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, to direct the 2 nd
                     Respondent to grant appropriate permission and adequate police
                     protection to conduct the “Adal Padal dance program” on 09.05.2023
                     between 06.00 pm and 11.00 pm on the eve of the yearly festival of Sri
                     Muthu         Karuppaiah   Swamy   Temple,   situating   in    Karambakudi,
                     Pudhukottai District by considering the petitioner's representation, dated
                     27.04.2023 within the time limit that may be stipulated by this Court.

                                      For Petitioner  : Mr.M.S.Jeyakarthik
                                      For Respondents : Mr.D.Gandhiraj
                                                        Special Government Pleader

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https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD)No.11416 of 2023



                                                        ORDER

********** (Order of the Court was made by M.DHANDAPANI, J.) Mr.D.Gandhiraj, learned Special 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 therefore prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS to direct the 2nd Respondent to grant appropriate permission and adequate police protection to conduct the “Adal Padal dance program” on 09.05.2023 between 06.00 pm and 11.00 pm on the eve of the yearly festival of Sri Muthu Karuppaiah Swamy Temple, situating in Karambakudi, Pudhukottai District by considering the petitioner's representation, dated 27.04.2023 within the time limit that may be stipulated 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11416 of 2023 by this Court and pass such further or other 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 27.04.2023 well in advance and grant permission with necessary police protection to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 09.05.2023 between 7.00 p.m., and 10.00 p.m., at "Sri Muthu Karuppaiah Swamy Temple”, situating in Karambakudi, Pudhukottai 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 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11416 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

                     cmr/ps


                     To

                     1.The Superintendent of Police,

Pudhukottai District, Pudhukottai.

2.The Inspector of Police, Karambakkudi Police Station, Karambakudi, Pudhukottai District.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.11416 of 2023 M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

cmr/ps ORDER MADE IN W.P(MD)No.11416 of 2023 04.05.2023 5/5 https://www.mhc.tn.gov.in/judis