Allowed

Subramanian.M v. The Superintendent of Police

Madras HC20 May 2022WP(MD)/10349/2022

Case brief

AI extract

What is this about?

The Madras High Court directed the respondent police to grant permission for a cultural dance programme at a temple, imposing conditions related to timing, peace, obscenity, and COVID-19 safety protocols.

What did the court decide?

Direction to the second respondent to grant permission for the programme on 22.05.2022 between 8.00 a.m. and 11.00 p.m. subject to specific conditions regarding conduct, timing, and safety.

Subramanian.M Vs The Superintendent of Police — Public Procurement and Tenders | Madras HC (2022)

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WP(MD). No.10349 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.05.2022

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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WP(MD). No.10349 of 2022

Subramanian.M

... Petitioner

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

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2.The Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.

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... 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 to stage Adal Padal Dance Programme in the Vaigasi Visagam Festival of Arulmigu Arulmigu Sri Muthumariamman temple situated at Pazhayakottai Village, Inam Reddiapatti Pudur, Vaiyampatti Post, Manapparai Taluk, Trichy District on the night of 22.05.2022 at 7 p.m to 11.00 p.m.

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For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.S.Meenakshi Sundaram, Additional Public Prosecutor, (Criminal 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 to stage Adal Padal Dance Programme in the Vaigasi Visagam Festival of Arulmigu Sri Muthumariamman temple situated at Pazhayakottai Village, Inam Reddiapatti Pudur, Vaiyampatti Post, Manapparai Taluk, Trichy District on the night of 22.05.2022 at 7 p.m to 11.00 p.m.

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2.Heard the learned counsel's 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. https://hcservices.ecourts.gov.in/hcservices/

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WP(MD). No.10349 of 2022

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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 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 cultural programme on 22.05.2022 at Arulmigu Sri Muthumariamman temple situated at Pazhayakottai Village, Inam Reddiapatti Pudur, Vaiyampatti Post, Manapparai Taluk, Trichy 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.' https://hcservices.ecourts.gov.in/hcservices/

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WP(MD). No.10349 of 2022

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6.With the above directions, this Writ Petition stands 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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20/05/2022 Sub Assistant Registrar(CS)

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PNM

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Note :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.

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

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

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

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ORDER IN WP(MD) No.10349 of 2022 Date : 20.05.2022

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KG(CO)

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GC(20.05.2022) 3P 4C

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

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Subramanian.M v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Subramanian.M v. The Superintendent of Police

Case brief

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What did the court decide?

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