Allowed

Sundarraj .S v. The Superintendent of Police

Madras HC18 May 2022WP(MD)/10231/2022

Case brief

AI extract

What is this about?

The Madurai Bench issued a Writ of Mandamus directing the Superintendent of Police to grant permission and protection for a cultural 'Adal Padal' Programme connected to a festival, subject to specific safety, organizational, and health conditions.

What did the court decide?

Directed the Superintendent of Police to grant permission and protection to conduct the cultural programme on 29.05.2022 between 8.00 a.m. and 11.00 p.m. subject to listed conditions.

Sundarraj .S Vs The Superintendent of Police — Service and Employment | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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W.P (MD).No.10231 of 2022

S.Sundarraj

... Petitioner

Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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2.The Inspector of Police, Alangudi Police Station, Pudukkottai District. ...Respondents

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Prayer:Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the ''Adal Padal'' Programme on 29.05.2022 at 06.00 pm to 11.00 pm in connection with ''Thiru Vizha'' of Arulmigu Sri Karpaga Vinayagar Aalayam at Suthiyanpatti, Alangudi Taluk, Pudukkottai District.

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For Petitioner : Mr.V.Manikandan For Respondents : Mr.Vaikkam Karunanithi

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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 29.05.2022 night at about 6.00p.m., to 11.00p.m., in connection with “Thiru Vizha“ at Arulmigu Sri Karpaga Vinayagar Aalayam at Suthiyanpatti, Alangudi Taluk, Pudukkottai 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, https://hcservices.ecourts.gov.in/hcservices/ 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

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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.

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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 29.05.2022 in connection with Arulmigu Maha Mariamman Thirutheer Thiruvizha Festival at Arulmigu Sri Karpaga Vinayagar Aalayam at Suthiyanpatti, Alangudi Taluk, Pudukkottai 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

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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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Vacation Officer

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// True Copy //

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25/05/2022 Sub Assistant Registrar(CS)

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

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1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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2.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

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

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W.P (MD).No.10231 of 2022 18.05.2022

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MGJ(25.05.2022) 3P 4C

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

Sundarraj .S v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Sundarraj .S v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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