Allowed

Velmurugan v. The Superintendent of Police

Madras HC17 May 2023WP(MD)/12075/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court directed the police to grant permission and provide police protection for the petitioner to conduct the "Adal - Padal" program on 25.05.2023 at a temple in Thoothukudi District, subject to specific conditions regarding time, conduct, and social distancing.

What did the court decide?

Direction to the second respondent to grant permission to conduct the "Adal Padal" Programme on 25.05.2023 between 8.00 a.m. and 11.00 p.m. subject to eight specific conditions.

Velmurugan Vs The Superintendent of Police — Public Procurement and Tenders | Madras HC (2023)

¶1

W.P(MD)No. 12075 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 17.05.2023

¶4

CORAM

¶5

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

¶6

W.P (MD).No. 12075 of 2023

Velmurugan

... Petitioner

Vs.

The Superintendent of Police, Thoothukudi District.

¶11

The Sub Inspector of Police, Thattaparai Police Station, Thattaparai, Thoothukudi District. ... Respondents

¶12

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to grant permission and to provide police protection to conduct the program of “Adal – Padal” on 25.05.2023 at “Arulmigu Sri Mutharamman Thirukovil” situated at Thalavaipuram Village, Thoothukudi District by considering the petitioner's representation dated 02.05.2023.

¶13

For Petitioner : Mr.Jenifar Bibin R For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

¶14

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

¶15

W.P(MD)No. 12075 of 2023

¶16

O R D E R

¶17

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to grant permission and to provide police protection to conduct the program of “Adal – Padal” on 25.05.2023 at “Arulmigu Sri Mutharamman Thirukovil” situated at Thalavaipuram Village, Thoothukudi District by considering the petitioner's representation dated 02.05.2023.

¶18

Heard the learned counsel on either side.

¶19

The petitioner's request for conducting the cultural programme has

¶20

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

¶21

In identical circumstances, this Court had been granting permission 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 that if the same conditions imposed in M.Sakthi 's case (supra) are imposed to

¶22

https://www.mhc.tn.gov.in/judis the present writ petitioner, the ends of justice could be secured.

¶23

W.P(MD)No. 12075 of 2023

¶24

Accordingly, there shall be a direction to the second respondent

¶25

herein to grant permission to the petitioner to conduct the "Adal Padal" Programme on 25.05.2023 at “Arulmigu Sri Mutharamman Thirukovil” situated at Thalavaipuram Village, Thoothukudi District between 8.00 a.m. and 11.00

¶26

p.m. , subject to the following conditions:

¶27

'a)The event shall be conducted in an organised and peaceful manner without causing law and order problem.

¶28

b)There shall not be any obscene or vulgar scenes during the dance performance by any one of the participants or others.

¶29

c)The cultural Program shall be restricted between 8.00 a.m. and 11.00 p.m.

¶30

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.

¶31

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.

¶32

f) in case, there are rival applicants for the same function, it is open to the Inspector of Police/concerned police to hear their objections and take a decision in accordance with the order passed by this Court.'

¶33

g) All the participants shall wear masks

¶34

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

¶35

W.P(MD)No. 12075 of 2023

¶36

and maintain social distancing as per the norms fixed by the Government owing to COVID-19 situation.

¶37

6.With the above directions, this Writ Petition is disposed of. There

¶38

shall be no order as to costs.

¶39

17.05.2023

¶40

Internet : Yes Index : Yes/No Speaking/Non Speaking order ebsi

¶41

Note: Issue order copy on 22.05.2023

¶42

¶43

The Superintendent of Police, Thoothukudi District.

¶44

The Sub Inspector of Police, Thattaparai Police Station, Thattaparai, Thoothukudi District.

¶45

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

¶46

W.P(MD)No. 12075 of 2023

¶47

T.V.THAMILSELVI, J.

¶48

ebsi

¶49

W.P (MD).No.12075 of 2023

¶50

17.05.2023

¶51

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

Velmurugan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Velmurugan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Velan Vs Thayarammal

Kolanji Vs Vasuki

M.Dharmalingam Vs K.S.Kaliappan

Meenakshi Sundharam Vs The Inspector of Police

Gurusamy Vs The Superintendent of Police

Dhanasekar N Vs The Superintendent of Police