Allowed

V.Saravanan v. The Superintendent of Police

Madras HC14 Dec 2015WP/39231/2015

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking permission to conduct a cultural program at a temple festival. The court held that mere apprehension of law and order is insufficient to reject the request and granted permission subject to conditions prohibiting obscene content, political/communal messages, and ensuring the program stays within time limits.

What did the court decide?

Writ petition allowed; permission to conduct cultural program granted subject to conditions; respondents directed to issue permission incorporating specified conditions.

V.Saravanan Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.12.2015

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CORAM

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THE HONOURABLE MR. JUSTICE M.M.SUNDRESH

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W.P. No.39231 of 2015

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V.Saravanan ... Petitioner

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vs.

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1.The Superintendent of Police, Erode District, Erode. 2.The Sub-Inspector of Police, Kodumudi Police Station, Kodumudi, Erode. ... Respondents

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Petition filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus, directing the second respondent to give permission to conduct a festival program scheduled to be held on 24.12.2015 in Bhagavathi Amman Temple, Kollukattuvalasu by considering the petitioner's representation dated 09.12.2015.

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For Petitioner : Mr.M.Guruprasad For Respondents: Mr.S.Doraisamy, AGP ORDER

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Seeking permission to conduct cultural programme on 24.12.2015 at the festival of Bhagavathi Amman Temple, the petitioner made a representation dated 09.12.2015 to the second 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 Additional Government Pleader appearing for the respondents.

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Learned Additional Government Pleader, 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

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

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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 cultural programme on 24.12.2015 at Bhagavathi Amman Temple, Kollukattuvalasu, Vengambur Post, Erode District, however, with the following conditions:-

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(a) The cultural programme in connection with temple Festival at Bhagavathi Amman Temple, Kollukattuvalasu, Vengambur Post, Erode District, to be held on 24.12.2015 between 06.00 p.m and 10.30 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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(c)Double meaning songs should not be played so as to spoil the minds of students and youths.

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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 respondents are directed to issue necessary permission, incorporating the above conditions. No costs.

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True Copy

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Sub Assistant Registrar

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

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1.The Superintendent of Police,
Erode District,
Erode.
2.The Sub-Inspector of Police,
Kodumudi Police Station,
Kodumudi,
Erode.
+1cc to M/S.M.Guruprasad, Advocate sr.67095
+1cc to The Government Pleader sr.67195
W.P. No.39231 of 2015
vg[co]
srg 16/12/2015

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

V.Saravanan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

V.Saravanan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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