Dismissed

K.Sakthivel v. the Supdt. of Police

Madras HC27 Mar 2015WP(MD)/4485/2015

Case brief

AI extract

What is this about?

The Madras High Court granted a Writ of Mandamus directing the respondent police to issue permission for conducting an 'Aadal Paadal' programme in a temple on a specific date and time, subject to strict conditions regarding content, political neutrality, and duration.

What did the court decide?

Permission granted for 'Aadal Paadal' on 29.03.2015 between 6.00 p.m. and 10.30 p.m., subject to conditions prohibiting obscenity, politics, and communal discord.

K.Sakthivel Vs the Supdt. of Police — Writ and Judicial Review | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2015 CORAM:

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THE HONOURABLE DR.JUSTICE S.TAMILVANAN and

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THE HONOURABLE MR. JUSTICE V.S.RAVI

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W.P.(MD)No.4485 of 2015

K.Sakthivel

... Petitioner

Vs.

1.The Superintendent of Police, Pudukottai District.

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2.The Inspector of Police, Manamelkudi Police Station, Pudukottai 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 look into the grievance of the petitioner expressed in the representation dated 23.03.2015 and thereby accord permission to conduct “Aadal Paadal” programme on 29.03.2015 to the Village Temple, Sri Sambhashiva Moorthi and Concerts at Nallur Village, Pudukkottai District.

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For Petitioner : Mr.S.Mahalingam

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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 look into the grievance of the petitioner expressed in the representation dated 23.03.2015 and thereby accord permission to conduct “Aadal Paadal” programme on 29.03.2015 in Sri Sambhashiva Moorthi and Concerts at Nallur Village, Pudukkottai 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 “Aadal Paadal” programme is being conducted by the villagers during the above said festival period. In this connection, a representation was given to the respondents, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this Writ petition. The learned counsel appearing for the petitioner further submitted that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by https://hcservices.ecourts.gov.in/hcservices/ 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 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 'Aadal Paadal' programme in the aforesaid Temple 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 'Aadal Paadal' programme in connection with Sri Sambhashiva Moorthi and Concerts at Nallur Village, Pudukkottai District be held on 29.03.2015 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 the youth.

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(d)No dance or songs, touching upon any political party or

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religion community or caste be played.

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

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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.

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Sd/-

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Assistant Registrar(AS)

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/TRUE COPY/

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Sub Assistant Registrar

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1.The Superintendent of Police,Pudukottai District.

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2.The Inspector of Police,

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Manamelkudi Police Station,Pudukottai District.

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+1cc to Mr.S.Mahalingam,Advocate, SR.No.15183

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W.P.(MD)No.4485 of 2015 27.03.2015

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nbj https://hcservices.ecourts.gov.in/hcservices/ PA/27.03.2015/2P/4C (IT)

K.Sakthivel v. the Supdt. of Police

Case brief

What is this about?

What did the court decide?

K.Sakthivel v. the Supdt. of Police

Case brief

What is this about?

What did the court decide?

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