Allowed

K. Rajendiran v. Inspector of Police

Madras HC14 Aug 2015WP/25342/2015

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking permission for a cultural dance and music program at a temple. It observed that mere apprehension is not a ground for refusal and directed the police to grant permission subject to specific conditions regarding content, timing, and communal harmony.

What did the court decide?

Writ of mandamus issued directing the respondent to grant permission for the cultural programme subject to eight conditions regarding conduct, content, and timing.

K. Rajendiran Vs Inspector of Police — Public Procurement and Tenders | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.08.2015

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CORAM

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THE HON'BLE Mr. JUSTICE M.M.SUNDRESH

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W.P.No.25342 of 2015

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K.Rajendiran .. Petitioner

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The Inspector of Police, Metchery Police Station, Salem District. .. Respondent

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Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to grant permission and protection to conduct cultural programme (Dance & Music Program) in the SRI Balagurumurthy Kovil situated at Komppam Patty (Post) & Via, Metchery Taluk, Salem District, scheduled to be held on 18.08.2015 from 7.00 p.m. to 11.00 p.m.

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For Petitioner : Mr.N.Desinghu For Respondent : Ms.P.Rajalakshmi Govt. Advocate ORDER

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Seeking permission to conduct cultural programme on 18.08.2015 at SRI Balagurumurthy Kovil situated at Komppam Patty (Post) & Via, Metchery Taluk, Salem District, the petitioner made a representation dated 12.08.2015 to the respondent. As the same has not been considered, the present writ petition has been filed.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

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Learned Government Advocate , on instructions, would submit that there is likelihood of law and order problem.

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A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct

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

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cultural programme on 18.08.2015 at SRI Balagurumurthy Kovil situated at Komppam Patty (Post) & Via, Metchery Taluk, Salem District, however, with the following conditions:-

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(a) The cultural programme in connection with temple Festival at Balagurumurthy Kovil, be held on 18.08.2015 between 07.00 p.m and 11.00 p.m.

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(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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(d) No dance or songs, touching upon any political party or religion or community or caste be played.

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(e) No flex boards in support of any political party or communal leader be erected.

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(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(g) If there is any violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance; and

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

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(i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

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Assistant Registrar

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Sub-Assistant Registrar

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

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The Inspector of Police, Metchery Police Station, Salem District.

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+1 cc to Mr.P.Paramasivadoss Advocate sr.42943

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W.P.No.25342 of 2015
vp(co)
aa14/08/2015

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

K. Rajendiran v. Inspector of Police

Case brief

What is this about?

What did the court decide?

K. Rajendiran v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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