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Madras High Court

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

Author: M.Dhandapani

Bench: M.Dhandapani, R.Vijayakumar

                                                                        W.P(MD)No.11340 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.11340 of 2023

                     P.Prabhu                                         ... Petitioner

                                                        Vs.


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

                     2.The Deputy Superintendent of Police,
                       Palani Circle,
                       Dindigul District.

                     2.The Inspector of Police,
                       Neikarapatti Police Station,
                       Dindigul 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
                     programme(Aadal and Paadal) on 10.05.2023 from 7.00 p.m to 10.0.m at
                     Arulmighu Sri Karumariamman Temple, Porunthalar Dam Village, Palary
                     Post, Dindigul District with light and sound by considering the


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                                                                                  W.P(MD)No.11340 of 2023


                     Petitioner's representation dated 28.4.2023.


                                      For Petitioner           :Mr.K.Srinivasaraghavan

                                      For Respondents           :Mr.D.Gandhiraj,
                                                                 Special Government Pleader


                                                        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 directing the respondents to give permission to the Petitioner to organize dance programme(Aadal and Paadal) on 10.05.2023 from 7.00 p.m to 10.0.m at Arulmighu Sri Karumariamman Temple, Porunthalar Dam Village, Palary Post, Dindigul District with light 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11340 of 2023 and sound by considering the Petitioner's representation dated 28.4.2023 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 28.04.2023 well in advance and grant permission to conduct the festival followed by cultural Programme including dance programme(Aadal and Padal) at Arulmighu Sri Karumariamman Temple, Porunthalar Dam Village, Palary Post, Dindigul District on 10.05.2023 between 07.00 p.m. and 10.00 p.m., 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. 3/5

https://www.mhc.tn.gov.in/judis W.P(MD)No.11340 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
                     VSN/RM

Note : Issue Order copy on 08.05.2023 To

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

2.The Deputy Superintendent of Police, Palani Circle, Dindigul District.

2.The Inspector of Police, Neikarapatti Police Station, Dindigul District.

4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.11340 of 2023 M.DHANDAPANI, J.

AND R.VIJAYAKUMAR, J.

VSN/RM 0RDER MADE IN W.P(MD)No.11340 of 2023 04.05.2023 5/5 https://www.mhc.tn.gov.in/judis