Allowed

O.Kodiyarasan, v. the Superintendent of Police

Madras HC23 Mar 2015WP(MD)/4014/2015

Case brief

AI extract

What is this about?

This PIL petition challenged a police order refusing permission for a cultural dance programme during a temple festival. The Madurai Bench quashed the refusal, directed the police to grant permission with specific moral and communal harmony conditions, and allowed the event.

What did the court decide?

The impugned order setting aside the denial of permission was quashed; permission directed to be granted on specific conditions maintaining law and order and morality.

O.Kodiyarasan, Vs the Superintendent of Police — Service and Employment | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.03.2015

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CORAM:

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THE HONOURABLE DR.JUSTICE S.TAMILVANAN

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and

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THE HONOURABLE MR.JUSTICE V.S.RAVI

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W.P(MD)No.4014 of 2015

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O.Kodiyarasan ...Petitioner

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Vs .

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1.The Superintendent of Police, Office of the Superintendent of Police, Theni District,

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Theni.

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2.The Inspector of Police, Gudalur Police Station, Gudalur,

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Theni District. ...Respondents

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Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent impugned order dated 13.3.2015, quash the same as illegal and consequently directing the respondents to give permission to perform the cultural programme of Adal Padal Dance Programme on 24.3.2015 and 25.3.2015 in connection with the Panguni Urchava Festival in Arulmighu Moonusamy Kovil at Keelagudalur, Gudalur, Theni District.

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For Petitioner : Mr.S.Kameswaran For Respondents : Mr.M.Alagadevan,

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Special Government Pleader.

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ORDER

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(Order of the Court was made by S.TAMILVANAN,J)

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This writ petition has been filed as a Public Interest Litigation (PIL), invoking Article 226 of the Constitution of India, seeking an order to quash the impugned order dated 13.03.2015 passed by the second respondent refusing to grant permission to conduct cultural programme and consequently to direct the respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Dance Programme on 25.3.2015 in connection with the Panguni Urchava Festival in Arulmighu Moonusamy Kovil at Keelagudalur, Gudalur, Theni District.

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2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

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3.Learned counsel for the petitioner would submit that the petitioner is the Secretary of Festival Committee of Panguni Urchava Festival in Arulmighu Moonusamy Kovil at Keelagudalur, Gudalur, Theni District and every year temple festival is being conducted by the https://hcservices.ecourts.gov.in/hcservices/ villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 25.03.2015. In this connection, a representation was given on 11.03.2015 to the 2^nd

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respondent, with a request to grant permission to conduct 'Cultural Programme on 25.03.2015, however the second respondent passed the impugned order refusing to grant permission to conduct 'cultural programme' and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

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4.Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

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5.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, we are of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural programme' in connection with Panguni Urchava Festival in Arulmighu Moonusamy Kovil at Keelagudalur, Gudalur, Theni District, on 25.03.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:-

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6.Accordingly, the writ petition is disposed of with the following directions:

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(a)The impugned order is set aside. The cultural programme in connection with Arulmighu Moonusamy Kovil at Keelagudalur, Gudalur, Theni District, festival be held on 25.03.2015 between 6.00 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

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leader be erected.

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(f)The function should not affect either religious or communal

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harmony and shall be conducted without any discrimination based on caste. (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 second respondent is directed to issue necessary permission, incorporating the above conditions. No order as to costs.

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Sd/-

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Assistant Registrar(T&P)

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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, Office of the Superintendent of Police, Theni District, Theni.

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2.The Inspector of Police, Gudalur Police Station, Gudalur, Theni District.

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+1CC to M/s.S.Kameswaran, Advocate in SR.14041

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+1CC to the Special Government Pleader in SR.14187

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W.P(MD)No.4014 of 2015 23.03.2015

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sms PBK 24/03/2015 ::3P-5C: (IT)

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

O.Kodiyarasan, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

O.Kodiyarasan, v. the Superintendent 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

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