Vaithiyalingam .M v. The Superintendent of Police

O R D E R ********** (Order of the Court was made by M.DHANDAPANI,J) Mr.N.Satheeshkumar, learned Additional Government Pleader, takes notice on behalf of the respondents.

¶2With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

¶3Prayer 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 2nd Respondent to consider the petitioner's representation dated 01.05.2023 and grant permission to the organizers of the festival Arulmigu Ilaiyathai Amman, Santhanampatti, Pazhampudhur Village, Musiri Taluk, Trichy District on 10.05.2023 for conducting Dance and entertainment programmes as permissible under law."

4.The learned Additional Government Pleader for the respondents submitted that the petitioner has not taken any safety measures to conduct the festival. By way of reply, the learned counsel for the petitioner submits that necessary safety measures are taken and upon satisfaction, the respondents may accord permission.

5.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 10.05.2023 between 7.00 p.m., and 10.00 p.m., at "Arulmigu Ilaiyathai Amman Temple", Santhanampatti, Pazhampudhur Village, Musiri Taluk, Trichy 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; 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.

¶6The 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 SJ/ta Note : Issue Order copy on 05.05.2023 To

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

2.The Inspector of Police, Pulivalam Police Station, Tiruchirappalli District.

M.DHANDAPANI, J. AND

R.VIJAYAKUMAR, J. SJ/ta 0RDER MADE IN

04.05.2023

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 M.Vaithiyalingam ... Petitione Vs. 1.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli. 2.The Inspector of Police, Pulivalam Police Station, Tiruchirappalli 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 2nd Respondent to consider the petitioner's representation dated 01.05.2023 and grant permission to the organizers of the festival Arulmigu Ilaiyathai Amman, Santhanampatti, Pazhampudhur Village, Musiri Taluk, Trichy District on 10.05.2023 for conducting Dance and entertainment programmes as permissible under law. For Petitioner :Mr.B.Baskar For Respondents :Mr.N.Satheeshkumar, Additional Government Pleader