Allowed

Thangam.R v. The Deputy Superintendent of Police

Madras HC13 Apr 2022WP(MD)/7015/2022

Case brief

AI extract

What is this about?

Single Judge Bench allowed writ petition directing respondent police to grant permission for cultural programs including "Adal Padal" dance subject to specific conditions regarding time, conduct, and organized manner, directing petitioner to pay costs.

What did the court decide?

Granted permission to conduct cultural programs between 6.00 p.m. and 11.00 p.m. on 20.04.2022 subject to conditions; ordered petitioner to pay Rs.5,000 costs.

Thangam.R Vs The Deputy Superintendent of Police — Writ and Judicial Review | Madras HC (2022)

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W.P (MD).No. 7015 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P (MD).No. 7015 of 2022

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R.Thangam ... Petitioner

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Vs.

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The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

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The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District. ...Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 2nd Respondent to grant permission and necessary protection for conducting "Maha Urtchava Thiruvizha" festival followed cultural programs including the dance program (Adal Padal) schedule to be at 06.00 p.m., on 20.04.2022 at Arulmigu Ananththa Lingeswar Thirukovil at N.Meenatchipuram Village, Usilampatti Taluk, Madurai District.

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For Petitioner : Mr.K.Srinivasaragavan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 & R2

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O R D E R

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The prayer in this writ petition is to direct the respondents herein to grant permission and to provide police protection to conduct "Maha Urtchava Thiruvizha" festival followed cultural programs including the dance program (Adal Padal) schedule to be at 06.00 p.m., on 20.04.2022 at Arulmigu Ananththa Lingeswar Thirukovil at N.Meenatchipuram Village, Usilampatti Taluk, Madurai District.

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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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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/

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W.P (MD).No. 7015 of 2022

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Odapatti, Theni District] , had granted permission to the petitioner therein 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. 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 aadal padal Program shall be restricted between 6.00 pm., 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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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 20.04.2022 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 programs including the dance program (Adal Padal) on 20.04.2022 between 6.00 p.m., to 11.00 p.m., at Arulmigu Ananththa Lingeswar Thirukovil at N.Meenatchipuram Village, Usilampatti Taluk, Madurai District subject to the aforesaid conditions. There shall be no order as to costs.

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btr/aav

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The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

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

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W.P (MD).No. 7015 of 2022

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The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

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

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COPY TO:-

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THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.

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W.P (MD).No.7015 of 2022 13.04.2022

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ark(CO) GC(19.04.2022) 3P 5C

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

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Thangam.R v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Thangam.R v. The Deputy Superintendent of Police

Case brief

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