Allowed

S.Senthilraja v. The Inspector of Police

Madras HC28 Mar 2016WP/11270/2016

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by S. Senthilraja seeking permission to conduct a cultural program in a temple. Rejecting the respondent's fear of law and order, the Court permitted the event subject to specific conditions regarding content, conduct, and time.

What did the court decide?

Petitioner permitted to conduct the cultural program on 31.03.2016 from 6:00 p.m. to 11:00 p.m. subject to eight specific conditions regarding content and public order.

S.Senthilraja 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 : 28.03.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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W.P.No.11270 of 2016

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S.Senthilraja .. Petitioner

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Vs.

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Inspector of Police, Sankagiri Police Station, Salem 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 directing the respondent to grant permission and protection to conduct cultural program (Dance & Music Program) in Akkamapattai Sri Mariyamman Temple, scheduled to be held on 31.03.2016 from 6.00 p.m. to 11.00 pm.

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For Petitioner : Mr.N.Desinghu For Respondent : Mr.V.S.Ramesh, Govt. Advocate O R D E R

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With the consent of both sides, the Writ Petition is taken up for final disposal.

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Seeking permission to conduct cultural programme on 31.03.2016 from 6.00 pm to 11.00 pm in Akkamapattai Sri Mariyamman Temple, the petitioner made a representation dated 22.03.2016 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

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

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writ petition is allowed and the petitioner is permitted to conduct cultural programme on 31.03.2016 from 6.00 pm to 11.00 pm in Akkamapattai Sri Mariyamman Temple, to be held at Akkamapattai Post, Sankagiri Taluk, Salem District, however, with the following conditions:-

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(a) The cultural programme in connection with temple Festival at Akkamapattai Post, Sankagiri Taluk, Salem District to be held on 31.03.2016 between 06.00 pm to 11.00pm.

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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 youths.

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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 dance programme, if it exceeds beyond the permitted time; and

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(i)The respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

/true copy/

mrp

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

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

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1 cc to M/s.N. Desinghu, Advocate, Sr. 19532

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W.P.No.11270 of 2016

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SNS (CO)
kk 30/3

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

S.Senthilraja v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

S.Senthilraja v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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