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Thanikodi v. The Deputy Superintendent of Police

Madras HC19 May 2022WP(MD)/10303/2022

Case brief

AI extract

What is this about?

The Court issued a Writ of Mandamus directing the respondent Inspector of Police to grant permission and protection for the petitioner's cultural event, 'Adal Padal', scheduled for 02.06.2022, subject to specific conditions regarding time, conduct, masks, and social distancing.

What did the court decide?

Directed the second respondent to grant permission and protection for the 'Adal Padal' program on 02.06.2022 between 8.00 a.m. and 11.00 p.m., subject to specific conditions including masked participa

Thanikodi Vs The Deputy Superintendent of Police — Public Procurement and Tenders | Madras HC (2022)

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W.P(MD)No. 10303 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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W.P(MD).No. 10303 of 2022

Thanikodi

... Petitioner

Vs.

The Deputy Superintendent of Police, Theni,

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Theni District.

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The Inspector of Police, Allinagaram Police Station, Theni District.

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... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to grant permission and protection for cultural event, namely, Adal Padal Scheduled to be held on 02.06.2022 at night in connection with ''Vaikasi Festival'' in Arulmighu Sri Manthaiamman Kovil at Maruthaiyan Street, Allinagaram Village, Periyakulam Taluk, Theni District by considering the petitioner's representation, dated 20.04.2022.

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For Petitioner : Mr.J.Jeya Aron Raja For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

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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, to direct the second respondent to grant permission and protection for cultural event, namely, Adal Padal Scheduled to be held on 02.06.2022 at night in connection with ''Vaikasi Festival'' in Arulmighu Sri Manthaiamman Kovil at Maruthaiyan Street, Allinagaram Village, Periyakulam Taluk, Theni District by considering the petitioner's representation, dated 20.04.2022.

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Heard the learned counsel on either side.

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

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W.P(MD)No. 10303 of 2022

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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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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 petitioner, 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 "Adal Padal" Programme on 02.06.2022 at Arulmighu Sri Manthaiamman Kovil at Maruthaiyan Street, Allinagaram Village, Periyakulam Taluk, Theni 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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https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No. 10303 of 2022

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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

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// True Copy //

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24/05/2022 Sub Assistant Registrar(CS)

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mga To

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The Deputy Superintendent of Police, Theni, Theni District.

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The Inspector of Police, Allinagaram Police Station,

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Theni District.

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The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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W.P (MD).No.10303 of 2022 19.05.2022

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pk(CO)

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TR(24.05.2022) 3P 4C

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

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Thanikodi v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Thanikodi 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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