Allowed

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

Madras HC22 Mar 2016WP/10729/2016

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking permission to conduct a Gramiya Culture and dance programme, holding that mere apprehension of law and order problems without material evidence is insufficient to reject the petition, subject to specific conditions regarding time, content, and neutrality.

What did the court decide?

Grant of permission to conduct the Gramiya Culture and dance programme on 06.04.2016 subject to nine conditions regarding time, content, and neutrality.

K.Dravida Mani, (Organizer) Vs State Rep. by its — 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.10729 of 2016

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K.Dravida Mani .. Petitioner

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Vs.

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State rep. by its The Inspector of Police, Belukurichi Police Station, Belukurichi, Namakkal District. .. Respondent

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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 Gramiya Culture and dance programme in the event of Arulmighu Mariyamman Kovil on 06.04.2016 at Belukurichi and Post, Senthamangalam Taluk, Namakkal District.

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For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Navaneethan, Addl.G.P.

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ORDER

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Seeking permission to conduct the Gramiya Culture and dance programme in Arulmighu Mariyamman Kovil on 06.04.2016 at Belukurichi and Post, Senthamangalam Taluk, Namakkal District, the petitioner made a representation, dated 17.03.2016 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

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

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conduct the Gramiya Culture and dance programme in Arulmighu Mariyamman Temple on 06.04.2016 at Belukurichi and Post, Senthamangalam Taluk, Namakkal District, however, with the following conditions:-

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(a) The Gramiya Culture and dance programme in Arulmighu Mariyamman Temple on 06.04.2016 at Belukurichi and Post, Senthamangalam Taluk, Namakkal District, which is scheduled to be held on 06.04.2016, 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 cultural 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.

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No costs.

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s/dAssistant Registrar(CS-IV)

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True Copy

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Sub-Assistant Registrar

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

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Copy to

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The Inspector of Police, Belukurichi Police Station, Belukurichi, Namakkal District.

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- 1 cc to Mr.W.Camyles Gandhi Advocate, SR 18216

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- 1 cc to Govt.Pleader, High Court, Madras SR 18350

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ak(co) prk23/3 W.P.No.10729 of 2016

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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