A single judge of the Madras High Court dismissed the petitioner's plea for protection during a religious program by directing deposit of costs as conditions precedent, citing an identical earlier order as a reference.
Directing petitioner to deposit Rs.15,000 as costs before receiving permission for the program to proceed between 6 PM and 11 PM.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD). No.6599 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
WP(MD). No.6599 of 2022
Kannan ... Petitioner
Vs 1. The District Collector, Theni District, Theni. 2. The Revenue Divisional Officer, Periyakulam, Theni District.
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to give protection for smooth performance of Arulmighu Sri Kaliaman Kovil Panguni Urchava Peruvizha from 15.04.2022 to 17.04.2022 at Ambedkar Nagar, Varusanadu, Aundipatti Taluk, Theni District.
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WP(MD). No.6599 of 2022
For Petitioner : Mr.S.Alagarsamy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R1 to R7
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, directing the Respondents to give protection for smooth performance of Arulmighu Sri Kaliaman Kovil Panguni Urchava Peruvizha from 15.04.2022 to 17.04.2022 at Ambedkar Nagar, Varusanadu, Aundipatti Taluk, Theni District.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
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, Odapatti, Theni District] , had granted permission to the petitioner therein to conduct cultural programme on certain conditions. The said conditions read as follows:
'a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.
b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.
c)The cultural Program shall be restricted between 6.00 p.m. and 11.00 p.m.
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.
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.'
4.This Court is of the view that similar conditions may also be imposed in the present writ petition. The petitioner is directed https://hcservices.ecourts.gov.in/hcservices/ to pay a sum of Rs.15,000/-(Rupees Fifteen thousand only) as costs
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WP(MD). No.6599 of 2022
to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 13.04.2022 and on receipt of the same, the sixth 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 from 15.04.2022 to 17.04.2022 between 6.00 pm., to 11.00 p.m., at Arulmighu Sri Kaliaman Kovil Panguni Urchava Peruvizha at Ambedkar Nagar, Varusanadu, Aundipatti Taluk, Theni District, subject to the aforesaid conditions.
5.With the above directions, this Writ Petition disposed of.
// True Copy //
PNM
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.
TO
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WP(MD). No.6599 of 2022
COPY TO:
THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.
+1 CC to M/s.S. ALAGARSAMY, Advocate ( SR-17452[F] dated 08/04/2022 )
ORDER IN WP(MD) No.6599 of 2022 Date : 08.04.2022
SRR(CO) GC(11.04.2022) 4P 11C
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3 issues framed by the court
Whether the State is obligated to provide protection for a religious cultural program and if so under what conditions.
Whether the petitioner is required to deposit costs before the police grant permission for the program.
What time restrictions should be imposed on the conduct of the cultural program to ensure public order.
Colour shows how this judgement treated each authority
M.Sakthi Vs. StateReferred¶18
W.P.(MD) No.8975 of 2017 dated 10.05.2017 [M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District]
1 provisions across 1 enactments
Kannan
The District Collector, Theni District
The Revenue Divisional Officer, Periyakulam
The Tahsildar, Aundipatti
The Superintendent of Police, Theni District
The Deputy Superintendent of Police, Aundipatti
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
