Madras High Court
Subramanian vs The Superintendent Of Police on 17 May, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
W.P(MD)No.11231 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.05.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P(MD).No.11231 of 2023
Subramanian ... Petitioner
Vs.
1.The Superintendent of Police,
Thanjavur,
Thanjavur District.
2.The Inspector of Police,
Thanjavur Taluk Police Station,
Thanjavur. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Mandamus, directing the respondents to grant permission and to
provide police protection to conduct ''Innisai Kacheri'' followed by ''Adal
Padal'' dance programme on 22.05.2023 and 23.05.2023 respectively in
pursuant to Sri Pachai Kaaliamman and Sri Shakthi Vinayagar Aalaya Vaigasi
Thiruvizha situated at Saarappallam, Thanjavur Taluk, Thanjavur District by
considering the petitioner's representations dated 20.04.2023.
For Petitioner : Mr.RL.Dilipan Pandian
For Respondents : Mr.A.Albert James
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11231 of 2023
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to grant permission and to provide police protection to conduct ''Innisai Kacheri'' followed by ''Adal Padal'' dance programme on 22.05.2023 and 23.05.2023 respectively in pursuant to Sri Pachai Kaaliamman and Sri Shakthi Vinayagar Aalaya Vaigasi Thiruvizha situated at Saarappallam, Thanjavur Taluk, Thanjavur District, on the basis of the petitioner's representation dated 20.04.2023.
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.11231 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 ''Innisai Kacheri'' followed by ''Adal Padal'' dance programme on 22.05.2023 and 23.05.2023 at Sri Pachai Kaaliamman and Sri Shakthi Vinayagar Aalaya Vaigasi Thiruvizha situated at Saarappallam, Thanjavur Taluk, Thanjavur 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 https://www.mhc.tn.gov.in/judis due notice to the petitioner.W.P(MD)No.11231 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 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.
17.05.2023
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
Speaking/Non Speaking order
MGA
To
1.The Superintendent of Police,
Thanjavur,
Thanjavur District.
2.The Inspector of Police,
Thanjavur Taluk Police Station,
Thanjavur.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.11231 of 2023
T.V.THAMILSELVI, J.
MGA
W.P(MD).No.11231 of 2023
17.05.2023
https://www.mhc.tn.gov.in/judis