Temple case BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.05.2022 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P (MD).No.9404 of 2022 R.Swaminathan … Petitioner Vs. For Petitioner : Mr.O.S.Thilak Pasumbadiyar For Respondents : Mr.R.Sivakumar Governemnt Advocate (Crl.side) .

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.05.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
W.P (MD).No.9404 of 2022
R.Swaminathan … Petitioner
Vs.
1. The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police,
Ammapettai Police Station,
Thanjavur District. ….Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, direct the respondents to grant permission for conducting the “Narasimma Vedam Drama” on 15.05.2022 at Sri Narasimma Jayanthi Urchavam at Agaragaram, Saliyamangalam, Thanjavur District.
For Petitioner : Mr.O.S.Thilak Pasumbadiyar
For Respondents : Mr.R.Sivakumar
Governemnt Advocate (Crl.side)
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, direct
the respondents to grant permission for conducting the “Narasimma Vedam Drama” on 15.05.2022 at Sri Narasimma Jayanthi Urchavam at Agaragaram, Saliyamangalam, Thanjavur District.
2.Heard the learned counsel’s on either side.
3.The 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.
4.In 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 petitioners, the ends of justice could be secured.
5. Accordingly, there shall be a direction to the respondents herein to
grant permission to the petitioner to conduct the cultural programme on 15.05.2022 at Sri Narasimma Jayanthi Urchavam at Agaragaram, Saliyamangalam, Thanjavur 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.
M.S.RAMESH, J.
pnn
6.With the above directions, this Writ Petition disposed of. There
shall be no order as to costs.
05.05.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order pnn
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Ammapettai Police Station, Thanjavur District.
ORDER
IN
WP(MD) No. 9404 of 2022

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