B.Vinothkumar vs The Deputy Superintendent Of Police on 18 May, 2023

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Madras High Court

B.Vinothkumar vs The Deputy Superintendent Of Police on 18 May, 2023

Bench: T.V.Thamilselvi

                                                                             W.P(MD)No.12349 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. 12349 of 2023

                B.Vinothkumar                                            ... Petitioner
                                                             Vs.

                1.The Deputy Superintendent of Police,
                  Theni, Theni District.

                2.The Inspector of Police,
                  Allinagaram Police Station,
                  Theni District.                                          ... Respondents

                Prayer: Petition filed under Article 226 of the Constitution of India praying to
                issue a Writ of Mandamus, to direct the respondents herein to grant permission
                and to provide police protection to conduct the Adal Padal dance program on
                24.05.2023 in pursuant to the Vaigasi Thiruvizha at Arulmigu Sree
                Manthaiamman Kovil situated at Pommaiyagoundanpatti, Allinagaram, Theni
                District by considering the petitioner's representation dated 17.05.2023.
                                           For Petitioner     : Mr.V.Manikandan
                                           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 respondents herein to grant permission and to provide police https://www.mhc.tn.gov.in/judis W.P(MD)No.12349 of 2023 protection to conduct the Adal Padal dance program on 24.05.2023 in pursuant to the Vaigasi Thiruvizha at Arulmigu Sree Manthaiamman Kovil situated at Pommaiyagoundanpatti, Allinagaram, Theni District by considering the petitioner's representation dated 17.05.2023.

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 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. https://www.mhc.tn.gov.in/judis W.P(MD)No.12349 of 2023

5. Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct the “Adal Padal” programme on 24.05.2023 at “Arulmigu Sree Manthaiamman Kovil” 'Vaigasi THiruvizha' belongs to Pommaiyagoundanpatti, Allinagaram, Theni 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 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 https://www.mhc.tn.gov.in/judis situation.

W.P(MD)No.12349 of 2023

6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.





                                                                                   18.05.2023

                Index    : Yes/No
                Speaking/Non Speaking order
                rmk


                To

1.The Deputy Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.12349 of 2023 T.V.THAMILSELVI, J.

rmk W.P (MD).No.12349 of 2023 18.05.2023 https://www.mhc.tn.gov.in/judis

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