Allowed

A.Murugan, v. The Inspector of Police

Madras HC24 Mar 2016WP/11128/2016

Case brief

AI extract

What is this about?

, This single-judge High Court bench allowed a writ petition seeking permission to conduct a cultural programme at a temple festival. It rejected the respondent's claim of likely law and order problems due to lack of material. The court granted permission subject to conditions prohibiting obscene content, political or religious undertones, and specified time limits.

What did the court decide?

Permission granted to conduct the cultural programme on 29.03.2016 between 6:00 p.m. and 10:30 p.m. at Ellar Village, subject to specific conditions regarding content and conduct.

A.Murugan, Vs The Inspector of Police — Constitutional and Fundamental Rights | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.03.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.11128 of 2016

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A.Murugan .. Petitioner

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Vs.

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

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.. 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 grant permission and protection to conduct the cultural programme (dance and music) in Sri Mariyamman Temple festival situated at Ellar Village, Muthapur PO, Mettur Taluk, Salem District, scheduled to be held on 29.03.2016 from 6 p.m to 11 p.m.

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For Petitioner : Mr.S.Nedunchezhiyan

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For Respondent : Mr.P.Karthikeyan, Govt. Advocate

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ORDER

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Seeking permission to conduct the cultural programme (dance and mustic) on 29.03.2016 in Sri Mariyamman Temple festival, at Ellar Village, Muthapur Post, Mettur Taluk, Salem District, the petitioner made a representation dated 21.03.2016 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 Government Advocate appearing for the respondent.

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Learned Government Advocate, 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 cultural programme (dance and music) on 29.03.2016 in Sri Mariyamman Temple festival at Ellar Village, Muthapur Post, Mettur Taluk, Salem District, however, with the following conditions:-

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

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(a) The cultural (dance and music) programme in Sri Mariyamman Temple festival situated at Ellar Village, Muthapur Post, Mettur Taluk, Salem District, which is scheduled to be held on 29.03.2016, 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. cs

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Assistant Registrar(CS-II)

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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, Mecheri Police Station, Salem District.

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1 cc to Mr.S.Nedunchezhiyan Advocate, SR 18771

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lrs(co) prk24/3 W.P.No.11128 of 2016

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

A.Murugan, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

A.Murugan, v. The Inspector of Police

Case brief

What is this about?

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