Madras High Court
Manikandan vs The Deputy Superintendent Of Police on 29 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No.8679 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.8679 of 2022
Manikandan ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Sivakasi,
Virudhunagar District.
2.The Inspector of Police,
Maraneri 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 2nd respondent to grant permission and
protection for cultural event namely Aadal Padal scheduled to be held on 07.06.2022
at night in connection with ''Vaikasi Festival'' in Arulmigu Sri Pottal Kaliamman Kovil
at D. Kansapuram Village Sivakasi Taluk Virudhunagar District by considering the
petitioners representation dated 25.04.2022.
For Petitioner : Mr.J.Jeya Aron Raja
For Respondents : Mr.B.Thanga Aravindh,
Government Advocate(Criminal Side)
ORDER
The prayer in this writ petition is to direct the respondents herein to grant permission and protection for cultural event namely Aadal Padal scheduled to be https://www.mhc.tn.gov.in/judis 1/5 W.P (MD).No.8679 of 2022 held on 07.06.2022 at night in connection with ''Vaikasi Festival'' in Arulmigu Sri Pottal Kaliamman Kovil at D. Kansapuram Village Sivakasi Taluk Virudhunagar District by considering the petitioners representation dated 25.04.2022.
2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing on behalf of the respondents.
3. In an identical matter, a Division Bench of this Court in an order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District], had granted permission to the petitioner therein to conduct cultural programme on certain conditions. The said conditions read as follows:
“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 aadal padal Program shall be restricted between 6.00 pm., 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 2/5 W.P (MD).No.8679 of 2022
4. This Court is of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 06.06.2022 and on receipt of the same, the second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the Aadal Padal scheduled to be held on 07.06.2022 at night in connection with ''Vaikasi Festival'' in Arulmigu Sri Pottal Kaliamman Kovil at D. Kansapuram Village Sivakasi Taluk Virudhunagar District subject to the aforesaid conditions. There shall be no order as to costs.
29.04.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
vsg
Note:Issue Order copy on 03.06.2022
https://www.mhc.tn.gov.in/judis
3/5
W.P (MD).No.8679 of 2022
To
1.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.
2.The Inspector of Police, Maraneri Police Station, Virudhunagar District.
3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 4/5 W.P (MD).No.8679 of 2022 G.K.ILANTHIRAIYAN, J.
vsg W.P (MD).No.8679 of 2022 29.04.2022 https://www.mhc.tn.gov.in/judis 5/5