Allowed

C.Peragounder v. The Inspector of Police

Madras HC22 Mar 2016WP/10626/2016

Case brief

AI extract

What is this about?

Writ petition allowed; petitioner permitted to conduct dance programme at Sri Tiravpathi Amman Temple with specific conditions regarding timing, content, and conduct by police, rejecting mere apprehension of law and order.

What did the court decide?

Writ Petition allowed; permission granted for dance programme on 31.03.2016 between 06.00 p.m. and 10.30 p.m. subject to specific conditions.

C.Peragounder Vs The Inspector of Police — Public Procurement and Tenders | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.03.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.10626 of 2016

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C.Peragounder .. Petitioner

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Vs.

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The Inspector of Police, Allagapuram Police Station, Salem District. .. Respondent

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to give permission to conduct the dance programme in the event of function in Sri Tiravpathi Amman Temple on 31.03.2016 at Kovil Stage, Salem District.

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For Petitioner : Mr.T.N.Rangesh Kanna

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For Respondent : Mr.R.A.S.Senthilvel,

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Additional Government Pleader

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ORDER

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Seeking permission to conduct the dance programme on 31.03.2016 in the event of function at Sri Tiravpathi Amman Temple at Kovil Stage, Salem District, the petitioner made a representation dated 15.03.2016 to the respondent. As the same has not been considered, the present Writ Petition has been filed.

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

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

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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 31.03.2016 in the event of function at Sri Tiravpathi Amman Temple at Kovil Stage, Salem District, however, with the following conditions:-

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(a) The dance programme in the event of function at Sri

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

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Tiravpathi Amman Temple at Kovil Stage, Salem District, which is scheduled to be held on 31.03.2016, should be held between 06.00 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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(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.

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

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

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Sd/Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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Copy to

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The Inspector of Police, Allagapuram Police Station, Salem District.

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+1 cc to Mr.T.N.Rangeshkanna, Advocate, sr.18641

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+1 cc to The Government Pleader, sr.18421

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W.P.No.10626 of 2016

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ev co kra 24.03.2016

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

C.Peragounder v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

C.Peragounder v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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