Allowed

Palraj v. The Deputy Superintendent of Police

Madras HC25 Apr 2022WP(MD)/7993/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed the writ petition filed by Palraj to conduct the 'Adalpadal' cultural event. The Court imposed conditions similar to those in a prior 2017 judgment, directing the respondents to provide protection between 6.00 p.m. and 11.00 p.m. on 27.04.2022.

What did the court decide?

Permission granted to conduct the Adalpadal event between 6.00 p.m. and 11.00 p.m. subject to specific conditions regarding behavior and timing; Rs.5,000 costs awarded.

Palraj Vs The Deputy Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2022)

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W.P (MD).No.7993 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P (MD).No.7993 of 2022

Palraj

... Petitioner

Vs.

1.The Deputy Superintendent of Police, Alangudy, Pudukkottai District.

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2.The Inspector of Police, Vadakadu Police Station, Pudukkottai 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 respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 27.04.2022 at night in connection with 'Chithirai Festival' in Arulmigu Sri Thanandiyamman Temple at Anavayal Village, Alangudy Taluk, Pudukkottai District, by considering the petitioner's representation, dated 11.03.2022.

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For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

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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 the cultural event namely Adalpadal scheduled to be held on 27.04.2022 at night in connection with 'Chithirai Festival' in Arulmigu Sri Thanandiyamman Temple at Anavayal Village, Alangudy Taluk, Pudukkottai District, by considering the petitioner's representation, dated 11.03.2022.

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

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W.P (MD).No.7993 of 2022

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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 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, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 27.04.2022 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 event namely Adalpadal on 27.04.2022 between 6.00 p.m., and 11.00 p.m., at Arulmigu Sri Thanandiyamman Temple at Anavayal Village, Alangudy Taluk, Pudukkottai District subject to the aforesaid conditions. There shall be no order as to costs.

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// True Copy //

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26/04/2022 Sub Assistant Registrar(CS-IV)

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btr

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1.The Deputy Superintendent of Police, Alangudy, Pudukkottai District.

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2.The Inspector of Police, Vadakadu Police Station, Pudukkottai District. https://hcservices.ecourts.gov.in/hcservices/

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W.P (MD).No.7993 of 2022

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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.7993 of 2022 25.04.2022

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KG(CO) GC(26.04.2022) 3P 5C

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

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Palraj v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Palraj v. The Deputy Superintendent of Police

Case brief

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