Allowed

Bharathi v. The Deputy Superintendent of Police

Madras HC29 Apr 2022WP(MD)/9213/2022

Case brief

AI extract

What is this about?

This bench allowed a writ petition directing the police to grant permission and protection for a cultural event (Aadal Padal) connected to the Chithirai Festival, subject to conditions regarding time, manner, and content, relying on a prior judgment.

What did the court decide?

Order directed to pay costs of Rs.5,000 and respondent to grant permission for cultural program subject to specified conditions on 04.05.2022.

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

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W.P(MD)No.9213 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022 CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.9213 of 2022

Bharathi

... Petitioner

1.The Deputy Superintendent of Police, Alangudi,

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Pudukkottai District.

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2.The Inspector of Police, Vadakadu Police Station, Pudukkottai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the second respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 04.05.2022 at night in connection with Chithirai Festival in Arulmigu Sri Shelli Amman and Sri Akora Veerabathrar Swamy Kovil at Karuvada Street, Karukkakuruchi, Karambakudi Taluk, Pudukottai District by considering the petitioner representation dated 29.04.2022.

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For Petitioner : Mr.C.Meenakshi Rama Prabu For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

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ORDER

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The prayer in this Writ Petition is to direct the second respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 04.05.2022 at night in connection with Chithirai Festival in Arulmigu Sri Shelli Amman and Sri Akora Veerabathrar Swamy Kovil at Karuvada Street, Karukkakuruchi, Karambakudi Taluk, Pudukottai District by considering the petitioner representation dated 29.04.2022.

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Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) 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 https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.9213 of 2022

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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 06.05.2022 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 program (ie.,) Adal Padal on 04.05.2022 between 6.00 p.m., and 11.00 p.m., in connection with Chithirai Festival in Arulmigu Sri Shelli Amman and Sri Akora Veerabathrar Swamy Kovil at Karuvada Street, Karukkakuruchi, Karambakudi Taluk, Pudukottai District, subject to the aforesaid conditions. There shall be no order as to costs.

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Sd/-

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// True Copy //

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02/05/2022 Sub Assistant Registrar(CS)

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Note :

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

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W.P(MD)No.9213 of 2022

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

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2.The Inspector of Police, Vadakadu Police Station, Pudukkottai 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.9213 of 2022 29.04.2022

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RK(02/05/2022) 3P 5C

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

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Bharathi v. The Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Bharathi v. The Deputy Superintendent of Police

Case brief

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