Allowed

Palani @ Annadurai, v. the Superintendent of Police

Madras HC12 Apr 2013WP(MD)/5049/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court discharged a Writ Petition under Article 226. The petitioner sought permission to conduct a cultural dance programme associated with a village temple festival. The police refused, citing pending criminal cases and apprehensions of law and order problems. The Court directed the police to grant permission subject to specific conditions regarding time, conte

What did the court decide?

Directed the second respondent to grant permission for the cultural programme by 05.00 p.m. on 13.04.2013, subject to conditions prohibiting obscene content, fixing performance time between 06:30 p.m.

Palani @ Annadurai, Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.04.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

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W.P.(MD)No.5049 of 2013

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M.Palani @ Annathurai : Petitioner

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Vs.

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

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2.The Inspector of Police, Samayapuram Police Station, Trichy District. : Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent to conduct Aadal Padal programe during Chithirai festival in Arulmigu Aadhi Mariamman Temple, Inamsamayapuram Village, Manachanallur Taluk, Trichy District, on 14.04.2013 at about 08.00 PM.

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For Petitioner : Mr.T.Leninkumar For Respondents : Mr.K.A.Muthukaruppan Additional Government Pleader ********

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ORDER ******

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Mr.K.A.Muthukaruppan, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal.

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The petitioner seeks a Writ of Mandamus, directing the second respondent to grant permission for the conduct of cultural Programme to be held on 14.04.2013 in connection with the festival of Arulmigu Aadhi Mariamman Temple, Inamsamayapuram Village, Manachanallur Taluk, Trichy District.

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The petitioner is stated to be a resident of Inamsamayapuram Village, Manachanallur Taluk, Trichy District. There is a very famous temple in the said village, by name, Arulmigu Aadhi Mariamman Temple. The villagers used to conduct the temple festival during Panguni Uthiram and Chithirai. The petitioner and other villagers have decided to conduct the festival this year also on 14.04.2013. The villagers have decided to conduct a dance programme [Aadal Padal Programme] in connection with the festival. The petitioner submitted a representation on 27.03.2013, requesting the police to grant permission. However, there was no follow https://hcservices.ecourts.gov.in/hcservices/ up action taken by the second respondent. This made the petitioner to file this Writ Petition.

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The learned Additional Government Pleader, on instructions from the police, submitted that in the very same village, there was a criminal case in Crime No.51 of 2013, on the file of the second respondent police registered earlier by the police on the basis of a complaint preferred by one S.Saranraj under various provisions of the Indian Penal Code and the provisions of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Additional Government Pleader further submitted that the police have also initiated proceedings under Section 107 of the Code of Criminal Procedure against the petitioner and 14 others as 'B' party and 15 others as 'A' party and the said proceedings is pending. The learned Additional Government Pleader also submitted that the police apprehends that the conduct of cultural programme will result in law and order problem in the area.

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The petitioner wanted a direction to the police to conduct the dance programme on 14.04.2013. The police apprehends that the conduct of dance programme will result in law and order problem in the area, in view of the registration of earlier criminal case and the pendency of 107 proceedings involving the petitioner. There is nothing on record to show that there is a serious law and order problem in the area.

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The conduct of cultural programme is an occasion for the villagers to assemble in the village. The police have no case that the petitioner and his community people are not permitting the members of other community people, including the members of downtrodden communities from taking part in the temple festival or other related programmes. There is no communal clash as such, except certain minor incidents. That cannot be a reason to deny permission to conduct the cultural programme in connection with the village temple festival. Therefore, I am of the view that permission should be granted to the petitioner to conduct the cultural programme in connection with the temple festival on 14.04.2013.

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Accordingly, the second respondent is directed to grant permission to the petitioner to conduct the cultural programme in connection with the temple festival, subject to the following conditions:

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(i) There should not be any kind of obscene or vulgar dance during the performance by anyone of the participants;

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(ii) The dance performance should be restricted between 06.30 p.m., and 10.00 p.m., on 14.04.2013.;

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(iii) If there is any violation, the concerned police officer is permitted to take necessary action as per law and stop such performance;

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(iv) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

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(v). It is made clear that in case there is any clash or other untoward incident with respect to the conduct of festival, it is open to the police to intervene in the matter and to stop the programme.

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(vi). It is also made clear that while conducting the programme, the petitioner should ensure that no kind of slogan affecting the communal https://hcservices.ecourts.gov.in/hcservices/ feeling is uttered.

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The Inspector of Police, Samayapuram Police Station, Trichy

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District, is directed to issue permission incorporating the above conditions and also any other reasonable conditions to ensure that the programme is conducted in a peaceful manner, positively by 05.00 p.m., on 13.04.2013.

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The Writ Petition is disposed of with the above directions. No

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costs.

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sd/-

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Assistant Registrar (A.S)

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/True Copy/

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Sub Assistant Registrar

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1.The Superintendent of Police,

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Trichy District, Trichy.

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2.The Inspector of Police, Samayapuram Police Station,

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Trichy District.

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- 1 cc to Mr.T.Leninkumar, Advocate, SR No.20438

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Order made in W.P.(MD)No.5049 of 2013

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12.04.2013

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RJ/12.4.13 (IT) 3p/4c

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

Palani @ Annadurai, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Palani @ Annadurai, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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