Allowed

Rajasekar v. The Superintendent of Police

Madras HC12 Jul 2024WP(MD)/15659/2024

Case brief

AI extract

What is this about?

The Madurai Bench set aside the police order rejecting a petition to conduct a cultural programme at a temple festival. The court allowed the writ petition and directed the police to grant permission subject to conditions including the deposit of Rs.25,000, an undertaking affidavit, and video recording of the event by the police at the petitioner's cost.

What did the court decide?

Writ petition allowed; impugned order set aside; permission granted subject to payment of Rs.25,000, filing of undertaking affidavit, adherence to police guidelines, and video recording by警方 at petiti

Rajasekar Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2024)

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WP(MD)No.15659 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.07.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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WP(MD)No.15659 of 2024

Rajasekar

... Petitioner

1.The Superintendent of Police, Madurai.

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2.The Inspector of Police, Othakadai Police Station, Madurai District.

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...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in Na.Ka.No.06/24 / Ka.Thu.Ka / Voo.Vu / Ma.Maa / 2024, dated 08.07.2024 and quash the same as illegal and consequently directing the 2nd respondent to grant permission and necessary protection to conduct cultural program i.e., Gramiya Kalai Nigalchi scheduled to be held on 13.07.2024 at 07.00 pm to 10.00 pm in the eve of in the eve of the Arulmighu Sri Manthai Amman Kovil situated at Y.Othakadai, Gandhi Nagar, Madurai District.

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

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WP(MD)No.15659 of 2024

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For Petitioner : Mr.T.Indrachithu

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For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

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O R D E R

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The petitioner has approached this Court that his

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representation, seeking permission and police protection for conducting Cultural programme on 13.07.2024, in connection with the Festival of Arulmighu Sri Manthai Amman Kovil, Y.Othakadai, Gandhi Nagar, Madurai has been rejected by the respondent.

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2.The petitioner is one of the committee member of the festival committee of Arulmighu Sri Manthai Amman Kovil, Y.Othakadai, Madurai

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and the villagers have decided to conduct a festival in the above temple on 13.07.2024 and therefore, they have submitted a representation to the respondents, for conducting ''Cultural programme on'' on 13.07.2024, in connection with the festival. However, the respondents, by order dated 08.07.2024, has rejected their request. Hence, the petitioner is before this Court.

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WP(MD)No.15659 of 2024

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3.Mr.T.Senthil Kumar, learned Additional Public Prosecutor

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takes notice for the respondents and submits that under the guise of conducting the cultural programme, the festival committee is intending to conduct a programme with some obscene dance. Therefore, the respondent police has not granted any permission to the petitioner.

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4.In reply, the learned counsel for the petitioner disputed the

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same and submits that no such obscene dance programme would be conducted as projected by the respondents and they are intending to conduct only cultural programme. He further submits that in order to show his bonafide, he is prepared to pay a sum of Rs.25,000/- to Modern Girls Higher Secondary School, Y.Othakadai.

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5.This Court considered the rival submissions made by either

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side.

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6.The petitioner's request for conducting the cultural programme in connection with the temple festival was rejected by the respondent police on the ground that they are intending to conduct some

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

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WP(MD)No.15659 of 2024

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obscene dance programme. However, the petitioner claims that they proposed to conduct only cultural programme. Moreover, in order to show his bonafide, the petitioner is prepared to pay a sum of Rs.25,000/- to the Modern Girls Higher Secondary School, Y.Othakadai.

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7.In view of the same, the order impugned in this writ petition is set aside and this writ petition is allowed with the following conditions:-

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i. The petitioner is directed to pay a sum of Rs.25,000/- to the Modern Girls Higher Secondary School, Y.Othakadai, forthwith and the respondent police shall ensure that the petitioner has deposited the amount, as proposed by the petitioner.

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ii. The petitioner shall ensure that the amount deposited by him shall be utilised by the School for planting trees.

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iii.The cultural programme shall be conducted as per the guidelines issued in the circulars issued by the Director General of Police in RC No.007301/Gen I(L)/2019, dated

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WP(MD)No.15659 of 2024

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09.04.2019 and RC.No.159539/Crime4(3)/2018, dated

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31.10.2018.

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iv. The respondent police shall grant permission to the petitioner

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for conducting the cultural programme, provided if the petitioner submits the undertaking affidavit as given below.

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“The petitioner shall file an affidavit before the respondent

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Police with the following undertaking:

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"1/eh';fs; elj;jt[s;s Mly; ghly; epfH;r;rpapy; g';nfw;Fk; fiy"h;fs; miuFiw Milfisnah my;yJ Mghr eld mirt[fisnah gad;gLj;jkhl;lhh;fs;/

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2/,ul;il mh;j;j ghly;fnsh my;yJ trd';fnsh my;yJ rhjp kjk; my;yJ murpay ; bjhlh;ghd trd';fnsh ,lk;bgwhJ/

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3/tpsk;gu gyiffs; kw;Wk; Rtbuhl;ofs; gad;gLj;jg;glhJ/

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4/nkYk;. epfH;r;rp khiy 7 kzp Kjy; 10 kzpf;Fs; elj;jp Kof;fg;gLk;/

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5/rl;lk; xG';F rk;ke;jkhf. fhty;Jiwapdh; tpjpf;Fk; epge;jidfis gpd;gw;wp nkw;go epfH ; r;rp eilbgWk;/

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6/fhty;Jiwapduhy; mspf;fg;gLk; ghJfhg;gpw;fhd brytpid brYj;Jfpnwhk;/

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7/epfH;r;rp bjhlh;ghf tpjpf;fg;gLk; epge;jidfis gpd;gw;w jtWk;gl;rj;jpy;. ePjpkd;wj;jhy; tpjpf;fg;gLk;

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WP(MD)No.15659 of 2024

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jz;lidfis Vw;Wf;bfhs;fpnwhk;/"

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v) The respondent Police shall also impose such other conditions, which are necessary to maintain law and order.

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vi) The entire programme shall be videographed by the respondent police at the cost of the petitioner and a copy of the same shall be submitted to the Superintendent of the Police concerned as well as to the learned Additional Public Prosecutor. In case of any violation of any of the conditions, the petitioner and the organisers will be held responsible.

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vii) The respondent Police shall also ensure that the undertaking given by the petitioner and the conditions imposed by the police are followed scrupulously by the petitioner and the organisers.

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WP(MD)No.15659 of 2024

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viii) In the event of any violation is reported before this Court and if no proper action has been taken by the Police, Contempt Proceedings would be initiated as against the petitioner and the organisers as well as the respondent Police. No costs.

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12.07.2024

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Index :Yes/No Internet : Yes/No vrn

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Note: Issue order copy today (12.07.2024)

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WP(MD)No.15659 of 2024

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1.The Superintendent of Police, Madurai.

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2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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WP(MD)No.15659 of 2024

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B.PUGALENDHI,J.

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vrn

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Order made in WP(MD)No.15659 of 2024

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12.07.2024

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

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Rajasekar v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Rajasekar v. The Superintendent of Police

Case brief

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What did the court decide?

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