Allowed

Gurusamy v. The Superintendent of Police

Madras HC17 May 2023WP(MD)/12039/2023

Case brief

AI extract

What is this about?

Writ Petitioner sought permission to organize a cultural dance program at a temple. The Court directed the respondent police to grant permission subject to specific conditions regarding order, conduct, timing, social distancing, and rival applicants, distinguishing a similar prior order.

What did the court decide?

Direction to the second respondent to grant permission to conduct the dance program on 30.05.2023 between 8.00 a.m. and 11.00 p.m. at the specified temple, subject to specific conditions.

Gurusamy Vs The Superintendent of Police — Pension and Retirement Benefits | Madras HC (2023)

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W.P(MD)No. 12039 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.05.2023

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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W.P (MD).No. 12039 of 2023

Gurusamy

...Petitioner

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

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2.The Sub Inspector of Police Mamsapuram Police Station, Viruthunagar 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 to give permission to the petitioner to organize dance program (Nandana Nadiya Kalai Nigalchi) on 30.05.2023 from 06.00 p.m. to 11.00 p.m. at Arulmigu Sri Samayapuram Mariyamman Temple with light and sound by considering the petitioner's representation dated 11.05.2023.

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For Petitioner : M/s.V.Vignesh Raghuram For Respondents : Mr.S.S.Madhavan, Government Advocate (Criminal Side)

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No. 12039 of 2023

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O R D E R

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This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to give permission to the petitioner to organize dance program (Nandana Nadiya Kalai Nigalchi) on 30.05.2023 from 06.00 p.m. to 11.00 p.m. at Arulmigu Sri Samayapuram Mariyamman Temple with light and sound by considering the petitioner's representation dated 11.05.2023.

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Heard the learned counsel on either side.

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The petitioner's request for conducting the cultural programme has

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not been acted upon by the respondent police, which prompted the petitioner to file the present writ petition.

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In identical circumstances, this Court had been granting permission

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to conduct Adal Padal events and similar cultural events, to various similarly placed petitioners. In the case of M.Sakthi Vs. State rep. by the Inspector of Police, Odapatti Police Station, Odapatti, Theni District passed in W.P.(MD) No.8975 of 2017 dated 10.05.2017 , a Hon'ble Division Bench of this Court had granted such a permission, with certain conditions. This Court is of the view

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W.P(MD)No. 12039 of 2023

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that if the same conditions imposed in M.Sakthi 's case (supra) are imposed to

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the present writ petitioner, the ends of justice could be secured.

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Accordingly, there shall be a direction to the second respondent herein to grant permission to the petitioner to conduct the dance program (Nandana Nadiya Kalai Nigalchi) on 30.05.2023 in Arulmigu Sri Samayapuram Mariyamman Temple situated at Mamsapuram, Viruthunagar District between

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8.00 a.m. and 11.00 p.m, subject to the following conditions:

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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 cultural Program shall be restricted between 8.00 a.m. 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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f) in case, there are rival applicants for the same function, it is open to the Inspector of

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W.P(MD)No. 12039 of 2023

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Police/concerned police to hear their objections and take a decision in accordance with the order passed by this Court.'

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g) All the participants shall wear masks and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation.

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6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

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17.05.2023

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NCC : Yes/No Internet : Yes/No Index : Yes/No Speaking/Non Speaking order Nsr

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

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2.The Sub Inspector of Police Mamsapuram Police Station, Viruthunagar District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No. 12039 of 2023

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T.V.THAMILSELVI, J.

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Nsr

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W.P (MD).No.12039 of 2023

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17.05.2023

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Gurusamy v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Gurusamy v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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