Allowed

Pandiselvam M v. The Superintendent of Police

Madras HC29 Apr 2022WP(MD)/8764/2022

Case brief

AI extract

What is this about?

A division bench of the Madurai Bench of Madras High Court allowed a writ petition seeking permission and protection for the Adal Padal cultural program. The court imposed conditions similar to a previous identical matter, directed the petitioner to pay costs to the CMPRF account, and ordered the respondents to grant permission for the event on the specified date and time.

What did the court decide?

Writ Petition allowed; Petitioner directed to pay Rs.5,000/- as costs to CMPRF; Second respondent directed to grant permission for Adal Padal program on 02.06.2022 between 6.00 PM and 11.00 PM subject

Pandiselvam M Vs The Superintendent of Police — Service and Employment | Madras HC (2022)

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W.P (MD).No.8764 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P (MD).No.8764 of 2022

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M.Pandiselvam ... Petitioner

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Vs.

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1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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2.The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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... 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 respondents herein to grant permission and protection to conduct the Adal Padal cultural program on 02.06.2022 at about 7.00 PM to 12.00 PM in pursuant to the temple Vaikasi Kodai festival of Arulmigu Sri Kaliamman Temple situated at Attrankarai Village, Thoothukudi District and consider the petitioner's representation dated 20.04.2022.

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For Petitioner : Mr.M.Prabu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

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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 protection to conduct the 'Adal Padal' cultural program on 02.06.2022 at about 7.00 pm to 12.00 pm in pursuant to the Vaikasi Kodai festival of Arulmigu Sri Kaliamman Temple situated at Attrankarai Village, Thoothukudi District and consider the petitioner's representation dated 20.04.2022.

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Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for 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 https://hcservices.ecourts.gov.in/hcservices/

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W.P (MD).No.8764 of 2022

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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.

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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, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 02.06.2022 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 02.06.2022 between 6.00 p.m., to 11.00 p.m., Arulmigu Sri Kaliamman Temple situated at Attrankarai Village, Thoothukudi District, subject to the aforesaid conditions. There shall be no order as to costs.

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Vsd

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1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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

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W.P (MD).No.8764 of 2022

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2.The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

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

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W.P (MD).No.8764 of 2022 29.04.2022

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SB(CO) KB(16.05.2022) 3P 5C

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

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Pandiselvam M v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Pandiselvam M v. The Superintendent of Police

Case brief

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