K.Sangan v. The District Collector

O R D E R This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents herein to give adequate police protection to the petitioner during the Vaikasi Visagam Festival scheduled to be commencing with taking milk pot, Pooja Materials, Parivattam with beat of drums on 02.06.2023 at

06.00 pm, thereafter main festivals scheduled on 03.06.2023, 04.06.2023 and concluding on 09.06.2023 in Arulmigu Sangiah Temple, at Azhagar Naickenpatti, Melmangalam Village, Periyakulam Taluk, Theni District.

¶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 third respondent herein to grant permission to the petitioner to conduct various programs from

02.06.2023 to 09.06.2023 at Arulmigu Sangiah Temple, at Azhagar Naickenpatti, Melmangalam Village, Periyakulam Taluk, 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 follow the Covid – 19 norms fixed by the Government.'

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

24.05.2023 Internet : Yes/No Index : Yes/No NCC : Yes/No Speaking/Non Speaking order MGA To

1.The District Collector,

2.The Superintendent of Police,

3.The Inspector of Police Devathanapatti Police Station,

4.The Sub Inspector of Police, Jeyamangalam Police Station, P.VADAMALAI

, J.

MGA W.P (MD).No.12477 of 2023

24.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2023 CORAM THE HONOURABLE MR. JUSTICE P.VADAMALAI W.P.(MD).No.12477 of 2023 K.Sangan ... Petitioner Vs. 1.The District Collector, 2.The Superintendent of Police, 3.The Inspector of Police Devathanapatti Police Station, 4.The Sub Inspector of Police, Jeyamangalam Police Station, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to give adequate police protection to the petitioner during the Vaikasi Visagam Festival scheduled to be commencing with taking milk pot, Pooja Materials, Parivattam with beat of drums on 02.06.2023 at 06.00 pm, thereafter main festivals scheduled on 03.06.2023, 04.06.2023 and concluding on 09.06.2023 in Arulmigu Sangiah Temple, at Azhagar Naickenpatti, Melmangalam Village, Periyakulam Taluk, Theni District. For Petitioner : Mr.K.Appadurai For Respondents : Mr.M.Veeranthiran Government Advocate (Criminal Side)