Allowed

Ganesan.S v. The Deputy Superintendent of Police

Madras HC12 Apr 2022WP(MD)/6907/2022

Case brief

AI extract

What is this about?

A Division Bench of the Madurai Bench of Madras High Court allowed a writ petition filed by S.Ganesan, directing the police to grant permission and protection for the Adal Padal cultural programme, subject to specific conditions precedent established in a prior judgment.

What did the court decide?

Directing the respondents to grant permission and police protection for the Adal Padal on 13.04.2022 between 6.00 p.m. and 11.00 p.m., subject to specific conditions regarding peaceful conduct and cos

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

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

¶5

W.P (MD).No. 6907 of 2022

S.Ganesan

... Petitioner

Vs.

The Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District.

¶10

The Sub Inspector of Police, Nathampatti Police Station, Virudhunagar District. ...Respondents

¶11

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 perform the cultural programme (i.e.) Adal Padal on the eve of Arulmigu Sri Mariyamman Temple Festival at Alagapuri, Ayan Karisalkulam Village, Watrap Taluk, Virudhunagar District which is to be held on 13.04.2022 from 07.00 pm to 11.00 pm based on the petitioner's representation in person, dated 08.04.2022.

¶12

For Petitioner : Mr.A.S.Vaigunth For Respondents: Mr.R.M.Anbunithi

¶13

Additional Public Prosecutor for R1 & R2

¶14

O R D E R

¶15

The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to perform the cultural programme (i.e.) Adal Padal on the eve of Arulmigu Sri Mariyamman Temple Festival at Alagapuri, Ayan Karisalkulam Village, Watrap Taluk, Virudhunagar District which is to be held on 13.04.2022 from 07.00 pm to 11.00 pm based on the petitioner's representation in person, dated 08.04.2022.

¶16

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

¶17

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

¶18

1/3

¶19

¶20

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:

¶21

“a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.

¶22

b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

¶23

c)The aadal padal Program shall be restricted between 6.00 pm., and 11.00 p.m.

¶24

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.

¶25

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".

¶26

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 petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 13.04.2022 and on receipt of the same, 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 programme (i.e.) Adal Padal on 13.04.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Sri Mariyamman Temple Festival at Alagapuri, Ayan Karisalkulam Village, Watrap Taluk, Virudhunagar District subject to the aforesaid conditions. There shall be no order as to costs.

¶27

Assistant Registrar(Writs)

¶28

// True Copy //

¶29

/ /2022 Sub Assistant Registrar(CS)

¶30

btr/aav

¶31

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

2/3

1. The Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District.
2. The Sub Inspector of Police, Nathampatti Police Station, Virudhunagar District.
3. The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P (MD).No.6907 of 2022
12.04.2022
ac(CO)
TR(12.04.2022) 3P 5C

¶36

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

¶37

3/3

Ganesan.S v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Ganesan.S v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar.R Vs the State of Tamilnadu

Robinson Vs The Inspector of Police

Murugesh Pandian Vs The Inspector of Police

K.Ponnusamy Vs The Inspector of Police

S.Muthusamy Vs The Sub Divisional Magistrate cum Revenue Divisional Officer

S.R.James Vs The Inspector police