Allowed

P.Palanisamy, v. The Inspector of Police

Madras HC28 Mar 2016WP/11362/2016

Case brief

AI extract

What is this about?

The single judge, in writ proceedings under Article 226, dismissed the police respondent's reliance on unmaterial apprehension of law and order and allowed the petition, granting permission to conduct a cultural program with specific conditions regarding content, timing, and communal harmony.

What did the court decide?

Permission granted to conduct cultural program on 06.04.2016 at Anthiyur Taluk, Erode District, subject to specific conditions regarding timing, content, and communal harmony; respondent directed to i

P.Palanisamy, Vs The Inspector of Police — Service and Employment | 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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P.Palanisamy .. Petitioner

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Vs.

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The Inspector of Police, Vellitirupur Police Station, Erode 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 permit the petitioner to conduct the cultural program in Chennampatti Colony Arulmighu Sri Maduraiveeran and Mahamariamman Koil Thiruvizha on 06.04.2016 at Anthiyur Taluk, Erode District, by considering the petitioner representation dated 22.03.2016.

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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 06.04.2016 in Chennampatti Colony Arulmighu Sri Maduraiveeran and Mahamariamman Koil Thiruvizha to be held at Anthiyur Taluk, Erode District, 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 Special Government Pleader appearing for the respondent.

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

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

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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 cultural programme on 06.04.2016 in Chennampatti Colony Arulmighu Sri Maduraiveeran and Mahamariamman Koil Thiruvizha festival to be held at Anthiyur Taluk, Erode District, however, with the following conditions:-

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(a) The cultural programme in connection with temple Festival at Anthiyur Taluk, Erode District, to be held on 06.04.2016 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.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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

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The Inspector of Police, Vellitirupur Police Station, Erode District.

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+1cc to Mr.R.P.Murugan Raja, Advocate, S.R.No.19100 +1cc to the Government Pleader, S.R.No.19381

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W.P.No.11362 of 2016
jsv(CO)
srg(01/04/2016)

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

P.Palanisamy, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

P.Palanisamy, 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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