P.Thirupathi v. The Deputy Superintendent of Police

O R D E R This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 24.05.2023 at 07.00 PM to

11.00 PM in the evening of Arulmigu Sri Kaliamman, Sri Bhagavathyamman, Sri Muthalamman Thirukovil, Thummalakkundu Post, Vadamadurai, Dindigul District on the basis of the petitioner's representation, dated 10.05.2023.

¶2Heard the learned counsel on either side.

¶3The 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.

¶4In 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.

¶5Accordingly, 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 Sri Kaliamman, Sri Bhagavathyamman, Sri Muthalamman Thirukovil, Thummalakkundu Post, Vadamadurai, Dindigul 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 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 sn To

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

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District. T.V.THAMILSELVI

, J.

Sn W.P (MD).No.11914 of 2023

17.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.(MD).No.11914 of 2023 P.Thirupathi ... Petitioner Vs. 1.The Deputy Superintendent of Police, Vedasendur, Dindigul District. 2.The Inspector of Police, Vadamadurai Police Station, Dindigul District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 24.05.2023 at 07.00 PM to 11.00 PM in the evening of Arulmigu Sri Kaliamman, Sri Bhagavathyamman, Sri Muthalamman Thirukovil, Thummalakkundu Post, Vadamadurai, Dindigul District consider the petitioner's representation, dated 10.05.2023. For Petitioner : Mr.J.Krishnakumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl)