Allowed

K.R. Vellaichamy v. the Superintendent of Police

Madras HC26 Mar 2015WP(MD)/4336/2015

Case brief

AI extract

What is this about?

The Madras High Court dismissed the application of a police officer refusing permission for a cultural program scheduled for a village temple festival. Permission was granted subject to strict conditions prohibiting obscene content, political or communal references, and ensuring adherence to time limits.

What did the court decide?

Impugned order set aside; permission granted for cultural program between 6:00 PM and 10:30 PM on 03.04.2015 subject to conditions; second respondent directed to issue permission incorporating conditi

K.R. Vellaichamy 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: 26.03.2015

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CORAM:

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THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI

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W.P(MD)No.4336 of 2015

K.R.Vellaichamy

... Petitioner

Vs.

The Superintendent of Police, Sivagangai District, Sivagangai.

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The Sub Inspector of Police, Singampunari Police Station, Sivagangai District. ... Respondents

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Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the rejection order of the 2nd respondent dated 22.02.2015 and quash the same and consequently direct the respondents to grant permission and protection for Adal Padal program in connection with 65th Panguni Pongal Vizha Scheduled to be held on 03.04.2015 at Arulmigu Sri Pattatharasiamman Thirukovil Aindunilai Maravasarkulanadu 3rd Mangalam Kannamangalpatti Village, Thiruppathur Taluk, Sivagangai District.

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For Petitioner : Mr.B.Balachander

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For Respondents : Mr.M.Alagadevan, 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 to quash the impugned order dated 22.02.2015 passed by the second respondent refusing to grant permission to conduct cultural programme and consequently to direct the second https://hcservices.ecourts.gov.in/hcservices/ respondent to grant permission and necessary protection to perform the cultural programme (i.e.) Dance Programme on 03.4.2015 in

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connection with the Festival in Arulmigu Sri Pattatharasiamman Thirukovil Aindunilai Maravasarkulanadu 3rd Mangalam Kannamangalpatti Village, Thiruppathur Taluk, Sivagangai 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 a member of Festival Committee in Arulmigu Sri Pattatharasiamman Thirukovil Aindunilai Maravasarkulanadu 3rd Mangalam Kannamangalpatti Village, Thiruppathur Taluk, Sivagangai District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 03.04.2015. In this connection, a representation was given on 22.02.2015 to the 2^nd respondent, with a request to grant permission to conduct 'Cultural Programme on 03.04.2015, 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 Arulmigu Sri Pattatharasiamman Thirukovil Aindunilai Maravasarkulanadu 3rd Mangalam Kannamangalpatti Village, Thiruppathur Taluk, Sivagangai District on 03.04.2015 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 https://hcservices.ecourts.gov.in/hcservices/ programme in connection with Arulmigu Sri Pattatharasiamman Thirukovil Aindunilai Maravasarkulanadu 3rd Mangalam

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Kannamangalpatti Village, Thiruppathur Taluk, Sivagangai District, festival be held on 03.04.2015 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 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 second respondent is directed to issue necessary permission, incorporating the above conditions.

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No order as to costs.

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Sd/-

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Assistant Registrar(Per.Admn,)

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/True Copy/

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Sub-Assistant Registrar

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The Superintendent of Police, Sivagangai District, Sivagangai.

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The Sub Inspector of Police, Singampunari Police Station, Sivagangai District.

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+1cc to Mr.B.Balachander, Advocate, in SR. No.15199/15.

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+1cc to Special Government Pleader, in SR No.15471/15

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sms W.P(MD)No.4336 of 2015 https://hcservices.ecourts.gov.in/hcservices/ msm 30.03.2015 p3/5c(IT) 26.03.2015

K.R. Vellaichamy v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

K.R. Vellaichamy v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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