Allowed

Maruthupandi, v. the Superintendent of Police

Madras HC24 Mar 2015WP(MD)/4107/2015

Case brief

AI extract

What is this about?

The court granted a writ of mandamus directing the Superintendent and Sub Inspector of Police to permit a cultural programme during a temple festival. Permission was granted subject to specific conditions ensuring law and order, preventing obscenity, and maintaining communal harmony.

What did the court decide?

Permission directed to be granted for the cultural programme between 6.00 p.m. and 10.30 p.m. on 01.04.2015, subject to conditions regarding law and order, content, and communal harmony.

Maruthupandi, Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.03.2015

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CORAM:

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THE HONOURABLE DR. JUSTICE S.TAMILVANAN

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and THE HONOURABLE MR. JUSTICE V.S.RAVI

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W.P.(MD)No.4107 of 2015

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Maruthupandi ...Petitioner

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Vs.

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

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2.The Sub Inspector of Police, G.Vilakku Police Station, Theni District. ...Respondents

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PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission to perform “Theni Dolphin Boys” cultural programme on 01.04.2015 at 7.00 p.m., in the eve of “Arulmigu Sri Manthaiamman Swamy Thirukovil” festival situated at Thirumalapuram, Andipatti Taluk, Theni District.

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For Petitioner : Mr.Lakshmi Gopinathan For Respondents : Mr.M.Alagathevan, Spl.G.P.

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O R D E R

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

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This Writ petition has been filed invoking Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, directing the respondents to grant permission to perform “Theni Dolphin Boys” cultural programme on 01.04.2015 at 7.00 p.m., in the eve of “Arulmigu Sri Manthaiamman Swamy Thirukovil” festival situated at Thirumalapuram, Andipatti Taluk, 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 appearing for the petitioner would submit that every year during “Arulmigu Sri Manthaiamman Swamy Thirukovil” festival situated at Thirumalapuram, Andipatti Taluk, Theni District 'cultural programme' is being conducted by the villagers. In this connection, a representation was given on 19.03.2015 to the respondents, with a request to grant permission to conduct “Theni Dolphin Boys” cultural programme on 01.04.2015, however, respondents orally rejected the request of the petitioner and hence, the petitioner is before this Court with this Writ petition. The learned counsel appearing 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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https://hcservices.ecourts.gov.in/hcservices/

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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 appearing 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 “Theni Dolphin Boys” cultural programme in connection with “Arulmigu Sri Manthaiamman Swamy Thirukovil” festival situated at Thirumalapuram, Andipatti Taluk, Theni District on 01.04.2015 between 6.00 p.m. and 10.30 p.m., with reasonable conditions.

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

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(a)The “Theni Dolphin Boys” cultural programme in connection with “Arulmigu Sri Manthaiamman Swamy Thirukovil” festival situated at Thirumalapuram, Andipatti Taluk, Theni District be held on 01.04.2015 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 the youth.

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

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(e)No flex boards in support of any political party or religious 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 empowered 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.

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No order as to costs.

Sd/-

Assistant Registrar

/True copy/

Sub Assistant Registrar

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

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2.The Sub Inspector of Police, G.Vilakku Police Station, Theni District.

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+1cc to Mr.Lakshmi Gopinathan, Advocate in Sr.14166

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+1cc to the Special Government Pleader in SR.14511

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W.P.(MD)No.4107 of 2015

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24.03.2015

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nbj

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pbk 25/03/2015 ::2p-5c:(IT) https://hcservices.ecourts.gov.in/hcservices/

Maruthupandi, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Maruthupandi, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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