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Sangili Ganesan v. The Deputy Superintendent of Police

Madras HC18 May 2022WP(MD)/10212/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court issued a Writ of Mandamus directing the police to permit and protect a cultural programme titled 'Adal Padal' scheduled for June 2, 2022. Permission was granted subject to specific conditions regarding conduct, timing, and COVID-19 safety measures.

What did the court decide?

Direction to the second respondent to grant permission to the petitioner to conduct the cultural programme between 8:00 a.m. and 11:00 p.m. subject to specified conditions including peace, obscenity r

Sangili Ganesan Vs The Deputy… — Constitutional and Fundamental Rights | Madras HC (2022)

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WP(MD). No.10212 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.05.2022 CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI WP(MD). No.10212 of 2022

Sangili Ganesan

... Petitioner

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

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2.The Inspector of Police, Sempatti Police Station, Dindigul District. ... Respondents

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PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 02.06.2022 at night in connection with Chithrai Festival in Arulmigu Sri Kaliamman Temple at Sempatti Village, Ottachathiram Taluk, Dindigul District, by consider the Petitioner's representation dated 14.05.2022.

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For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

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O R D E R

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This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the “Adal Padal” Programme on 02.06.2022 night in connection with “Chithirai Festival” at Arulmigu Sri Kaliamman Temple at Sempatti Village, Ottachathiram Taluk, Dindigul District.

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2.Heard the learned counsel on either side.

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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.

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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 https://hcservices.ecourts.gov.in/hcservices/ that if the same conditions imposed in M.Sakthi 's case (supra) are

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WP(MD). No.10212 of 2022

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imposed to the present writ petitioners, the ends of justice could be secured.

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Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct the cultural programme on 02.06.2022 at Arulmigu Sri Kaliamman Temple at Sempatti Village, Ottachathiram Taluk, Dindigul District between 8.00 a.m. and 11.00 p.m., subject to the following conditions:

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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 cultural Program shall be restricted between 8.00 a.m. and 11.00 p.m.

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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.

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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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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.'

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g) All the participants shall wear masks and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation.

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

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Sd/-

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Vacation Officer/ Assistant Registrar (RTI)

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// True Copy //

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24/05/2022 Sub Assistant Registrar(CS)

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

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WP(MD). No.10212 of 2022

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

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2.The Inspector of Police, Sempatti Police Station, Dindigul District.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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WP(MD) No.10212 of 2022 18.05.2022

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KG(CO) GC(24.05.2022) 3P 4C

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

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Sangili Ganesan v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Sangili Ganesan v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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