Allowed

R.Karthikeyan v. State

Madras HC22 Mar 2016WP/10557/2016

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking permission to conduct a dance programme during an Arulmigu Aanoor Amman Temple Car Festival. Despite the State's apprehension of law and order, the Court held that no material evidence supported this fear. Permission was granted subject to conditions ensuring social harmony.

What did the court decide?

Directs the respondent to issue permission to conduct the dance programme between 6:00 p.m. and 10:30 p.m. on 08.04.2016, subject to specific conditions regarding content, time, and harmony.

R.Karthikeyan Vs State — Public Procurement and Tenders | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 22.03.2016

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

W.P.No.10557 of 2016

¶6

R.Karthikeyan .. Petitioner

¶7

Vs.

¶8

State, represented by Inspector of Police, Kangeyam Police Station, Tirupur District. .. Respondent

¶9

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to give permission to conduct the dance programme in the event of Arulmigu Aanoor Amman Temple Car Festival on 08.04.2016 at Kaspa Pazhaiya Kottai, Kuttapalayam Post, Kangeyam Taluk, Tirupur District.

¶10

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.P.Sanjay Gandhi, Addl.G.P.

¶11

ORDER

¶12

Seeking permission to conduct the dance programme on 08.04.2016 in the event of Arulmigu Aanoor Amman Temple Car Festival at Kaspa Pazhaiya Kottai, Kuttapalayam Post, Kangeyam Taluk, Tirupur District, the petitioner made a representation, dated 16.03.2016 to the respondent. As the same has not been considered, the present Writ Petition has been filed.

¶13

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

¶14

Learned Additional Government Pleader, on instructions, would submit that there is likelihood of law and order problem.

¶15

A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this 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 the dance programme on 08.04.2016 in Arulmigu Aanoor

¶16

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

¶17

Amman Temple Car Festival at Kaspa Pazhaiya Kottai, Kuttapalayam Post, Kangeyam Taluk, Tirupur District, however, with the following conditions:-

¶18

(a) The dance programme in connection with Arulmigu Aanoor Amman Temple Car Festival at Kaspa Pazhaiya Kottai, Kuttapalayam Post, Kangeyam Taluk, Tirupur District, which is scheduled to be held on 08.04.2016, should be held between 06.00 p.m. and 10.30 p.m.

¶19

(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

¶20

¶21

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

¶22

(e) No flex boards in support of any political party or communal leader be erected.

¶23

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

¶24

(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.

¶25

(h) Similarly, the Police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

¶26

(i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

¶27

Assistant Registrar(CS IV)

¶28

//True Copy//

¶29

Sub Assistant Registrar

¶30

cs To

¶31

The Inspector of Police,Kangeyam Police Station, Tirupur District.

¶32

+1cc to Mr.C.S. Saravanan, Advocate, S.R.No.18200 +1cc to the Government Pleader, S.R.No.18405

RSY(CO)

EU(29/03/2016)

W.P.No.10557 of 2016

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

R.Karthikeyan v. State

Case brief

What is this about?

What did the court decide?

R.Karthikeyan v. State

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

Coram

Case details

Similar cases

S.Kalaiganh Vs The District Civil Supply

Uma Mageshwari, Vs The Commissioner of Police

S.Adhipathi, Vs The Superintendent of Police

C.Peragounder Vs The Inspector of Police

K.Dravida Mani, (Organizer) Vs State Rep. by its

Devudu, Vs The District Collector