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Madras High Court

P.Vijayabaskar vs The Superintendent Of Police on 4 May, 2023

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                        W.P(MD)No.11336 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.11336 of 2023



                     P.Vijayabaskar                                   ... Petitioner


                                                        Vs.


                     1.The Superintendent of Police
                       Thanjavur District,
                       Thanjavur.

                     2.The Inspector of Police
                       Pattukkottai Taluk Police Station,
                       Pattukkottai,
                       Thanjavur District.                                  ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus directing the
                     respondents to give permission to the petitioner to organize dance
                     program (Adal and Padal) on 05.05.2023 from 07.00 p.m. to 11.00 p.m.
                     at Melatheru Arulmigu Sri Balathandabani Swamy Temple, Athykkotai

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https://www.mhc.tn.gov.in/judis
                                                                                  W.P(MD)No.11336 of 2023


                     Post, Pattukkottai Taluk, Thanjavur District, with light and sound by
                     considering the petitioner's representation dated 01.05.2023.


                                      For Petitioner           : Mr.K.Sridhar

                                      For Respondents          : Mr.N.Satheesh Kumar
                                                                Additional Government Pleader


                                                        ORDER

********** (Order of the Court was made by M.DHANDAPANI,J) Mr.N.Satheesh Kumar, 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 most respectfully prayed that this Hon'ble Court to issue a WRIT OF MANDAMUS or any other Writ or Order or Direction in the nature of Writ directing the respondents to give permission to the 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11336 of 2023 petitioner to organize dance program (Adal and Padal) on 05.05.2023 from 07.00 p.m. to 11.00 p.m. at Melatheru Arulmigu Sri Balathandabani Swamy Temple, Athykkotai Post, Pattukkottai Taluk, Thanjavur District, with light and sound by considering the petitioner's representation dated 01.05.2023 and pass any order or 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 01.05.2023 well in advance and grant permission to conduct the festival followed by cultural programs including the dance program (Adal Padal) on 05.05.2023 between 7.00 p.m., and 10.00 p.m., at "Melatheru Arulmigu Sri Balathandabani Swamy Temple", Athykkotai Post, Pattukkottai Taluk, Thanjavur 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;
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https://www.mhc.tn.gov.in/judis W.P(MD)No.11336 of 2023

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

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

                     VSN/RM

Note : Issue Order copy on 04.05.2023 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11336 of 2023 To

1.The Superintendent of Police Thanjavur District, Thanjavur.

2.The Inspector of Police Pattukkottai Taluk Police Station, Pattukkottai, Thanjavur District.

5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.11336 of 2023 M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

VSN/RM ORDER MADE IN W.P(MD)No.11336 of 2023 04.05.2023 6/6 https://www.mhc.tn.gov.in/judis