Allowed

Ochappan.C v. The Deputy Superintendent of POlice

Madras HC22 Mar 2022WP(MD)/5066/2022

Case brief

AI extract

What is this about?

Writ petition challenging police refusal of permission for a Thiru Vizha cultural program. Court granted permission between 6:00 pm and 11:00 pm subject to six conditions ensuring peace, decorum, and crowd limits of 50 persons, relying on a recent Division Bench order.

What did the court decide?

Permission granted to conduct the cultural program between 6:00 pm and 11:00 pm subject to six specified conditions regarding conduct, timing, and crowd control.

Ochappan.C Vs The Deputy Superintendent… — Constitutional and Fundamental Rights | Madras HC (2022)

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WP(MD). No.5066 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:22.03.2022

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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WP(MD). No.5066 of 2022

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C.Ochappan ... Petitioner

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The Deputy Superintendent of Police, Bodinayakanur Division, Theni District.

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The Sub Inspector of Police, Bodinayakanur Town Police Station, Theni District. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to grant permission on 23.03.2022 at 08.00 pm to 11.00 pm in connection with Thiru Vizha of Arulmigu Sri Mariamman Kovil, Kuppinayakkanpatti, Bodinayakanur Taluk, Theni District.

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For Petitioner : Mr.C.Bethana Samy

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For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R1 & R2

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O R D E R

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This Writ Petition is filed to issue a Writ of Mandamus, directing the Respondents to grant permission on 23.03.2022 at 08.00 pm to 11.00pm in connection with Thiru Vizha of Arulmigu Sri Mariamman Kovil, Kuppinayakkanpatti, Bodinayakanur Taluk, Theni District.

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

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3.In an identical matter, a Division Bench of this Court in an 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 Police Station, https://hcservices.ecourts.gov.in/hcservices/ Odapatti, Theni District] , had granted permission to the petitioner

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WP(MD). No.5066 of 2022

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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 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 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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f) The restrictions have now been lifted and permitted to gather not more than 50 persons for the festival function.'

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4.This Court is 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 strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the cultural program on 23.03.2022 between 6.00 pm., to 11.00 p.m., at Thiru Vizha of Arulmigu Sri Mariamman Kovil, Kuppinayakkanpatti, Bodinayakanur Taluk, Theni District subject to the aforesaid conditions. There shall be no order as to costs.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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PNM

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

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WP(MD). No.5066 of 2022

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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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The Deputy Superintendent of Police, Bodinayakanur Division, Theni District.

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The Sub Inspector of Police, Bodinayakanur Town Police Station, Theni District.

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

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ORDER IN WP(MD) No.5066 of 2022 Date : 22/03/2022

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srr(CO) TR(23.03.2022) 3P 4C

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

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Ochappan.C v. The Deputy Superintendent of POlice

Case brief

What is this about?

What did the court decide?

Ochappan.C 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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