Allowed

V.M. Selvaraj v. the Superintendent of Police

Madras HC15 Apr 2013WP(MD)/6074/2013

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Madurai Bench of Madras High Court allowed the petitioner's claim. The Court set aside the Police Inspector's order rejecting a cultural program request for a temple festival and directed authorities to grant permission subject to specific conditions regarding dance content and timings, to be issued by the next afternoon.

What did the court decide?

Impugned order set aside; direction to grant permission for cultural program subject to conditions on dance content and time; permission to be issued by 5:00 pm on 15 April.

V.M. Selvaraj Vs the Superintendent of Police — Service and Employment | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.04.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

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W.P.(MD)No.6074 of 2013

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V.M.Selvaraj : Petitioner Vs.

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

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2.The Inspector of Police, Alangudi Police Station, Pudukkottai 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 Certiorarified Mandamus, to call for the records pertaining to the rejection order of the second respondent dated 03.04.2013 and quash the same and consequently direct the respondents to grant permission and protection for cultural program by "Madurai Sadha Group" in "Tamil Varudappirappu Vizha" scheduled to be held on 15.04.2013 at Arulmigu Sri Sithi Vinayagar Aalayam, Chettiyarkulam, Thenkarai, Alangudi, Pudukkottai District.

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For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.Aaiyram K.Selvakumar Government Advocate

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ORDER

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This Writ Petition is directed against the order dated 03 April, 2013, whereby and whereunder, the Inspector of Police, Alangudi Police Station, Pudukkottai District, rejected the request made by the petitioner to conduct the cultural programme on 15 April, 2013, in connection with the festival of 'Arulmigu Sri Sithi Vinayagar Aalayam, Chettiyarkulam, Thenkarai, Alangudi, Pudukkottai District.

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According to the petitioner, he has given an application before the second respondent for permission to conduct the cultural programme. However, the application was rejected on the ground that it will create a law and order problem. Feeling aggrieved by the said order, he is before this Court.

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The learned Government Advocate, on instructions from the second respondent, submitted that the petitioner could be permitted to conduct the cultural programme in connection with the temple festival subject to https://hcservices.ecourts.gov.in/hcservices/ certain conditions. In view of the submissions made by the learned Government Advocate, I am of the view that the second respondent should be directed to give permission to the petitioner to conduct the cultural

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programme in connection with the temple festival of "Arulmigu Sri Sithi Vinayagar Aalayam, Chettiyarkulam, Thenkarai, Alangudi, Pudukkottai District on 15 April, 2013.

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Accordingly, the impugned order is set aside. The second

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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

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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 15 April, 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; and

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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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The Inspector of Police, Alangudi Police Station, Pudukkottai District, is directed to issue permission incorporating the above conditions positively by 05.00 p.m., on 15 April, 2013.

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The Writ Petition is allowed as indicated above. No costs.

Sd/-

Deputy Registrar

/True Copy/

Assistant Registrar

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

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2.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

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Order made in W.P.(MD)No.6074 of 2013

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GDR 19.04.2013 2P/3C

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

V.M. Selvaraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

V.M. Selvaraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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