Allowed

Alagarsami v. the Superintendent of Police

Madras HC16 May 2018WP(MD)/11102/2018

Case brief

AI extract

What is this about?

This writ petition challenged the refusal of permission to conduct an Aadal Padal religious program. The Court allowed the petition, directing the Superintendent of Police to grant permission for the event to be held on the specified date with conditions ensuring organized, peaceful conduct and restricted timings, relying on identical prior precedent.

What did the court decide?

Directing the Inspector of Police to grant permission for the Aadal Padal to be conducted at the respondent temple on 21.05.2018 subject to conditions of peaceful conduct, no obscene scenes, and time

Alagarsami Vs the Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.05.2018

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CORAM

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THE HON'BLE MR. JUSTICE M.S.RAMESH

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W.P.(MD)No.11102 of 2018

Alagarsami

... Petitioner

Vs.

The Superintendent of Police, Trichy District.

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The Inspector of Police, Thuvarangurichi Police Station, Trichy District. ... Respondents

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Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to grant permission to perform the program of Adal padal on 21.05.2018 night at about 08.00 p.m to 12.00 a.m at Arulmighu Sri Kaliamman Thirukoil is situated at Ayyanar Kovilpatti, Karappatti Post, Marungapuri Taluk, Trichy District and to provide adequate police protection based on my representation dated 11.05.2018.

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For Petitioner : Mr. T.Indrachittu

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For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

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O R D E R

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The prayer in this writ petition is to direct the respondents to grant permission and protection to conduct Aadal Padal in Arulmighu Sri Kaliamman Thirukoil is situated at Ayyanar Kovilpatti, Karappatti Post, Marungapuri Taluk, Trichy District by considering the petitioner's representation dated 11.05.2018 which is to be held on 21.05.2018.

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2.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing on behalf of the respondents.

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3.In an identical matter, a Division Bench of this Court in an https://hcservices.ecourts.gov.in/hcservices/ order passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti

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Police Station, Odapatti, Theni District] , had granted permission to the petitioner to conduct cultural programme on certain conditions. The said conditions read as follows:

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“a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.

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b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

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c)The dance performance shall be restricted between 6.00 p.m. and 11.00 p.m.

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d)If there is any violation of the above said conditions, the respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance.

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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”

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4.I am of the view that similar conditions may also be imposed in the present writ petition. Consequently, the Writ Petition Stands allowed. The second respondent is directed to grant permission to the writ petitioner to conduct Aadal Padal in Arulmighu Sri Kaliamman Thirukoil at Ayyanar Kovilpatti, Karappatti Post, Marungapuri Taluk, Trichy District on 21.05.2018 subject to the aforesaid conditions. There shall be no order as to costs.

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Sd/-

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Vacation Officer(Crl side)

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/True Copy/

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Sub Assistant Registrar

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The Superintendent of Police, Trichy District.

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The Inspector of Police, Thuvarangurichi Police Station, Trichy District.

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- 1 cc TO Mr.T.Indrachithu , Advocate in SR No. 65396

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aav

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AE/KKR/SAR2/18.05.2018/2P/4C

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W.P.(MD).No.11102 of 2018 16.05.2018

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https://hcservices.ecourts.gov.in/hcservices/

Alagarsami v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Alagarsami v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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