Allowed

M.Naveen Kumar, v. The Inspector of Police

Madras HC5 Apr 2016WP/12677/2016

Case brief

AI extract

What is this about?

The Court allowed a writ petition under Article 226 directing the respondent Inspector of Police to grant permission for a cultural programme during a temple festival, rejecting the argument that an un-substantiated apprehension of law and order was sufficient to deny the request. Permission was granted subject to conditions regarding decency, politics, and time.

What did the court decide?

Writ of Mandamus directed to issue permission for the cultural programme on 23.04.2016 subject to conditions regarding decency, politics, and time.

M.Naveen Kumar, Vs The Inspector of Police — Public Procurement and Tenders | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 05.04.2016

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

W.P.No.12677 of 2016

¶6

M.Naveen Kumar ... Petitioner

¶7

Vs.

¶8

The Inspector of Police, Velagoundampatti Police Station, Namakkal Taluk & District. ... Respondent

¶9

Prayer:

¶10

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent authority to give permission to conduct the cultural programme in Sengodapalayam Arulmighu Sri Sadayapachivinayagar Koil Thiruvizha on 23.04.2016 at Namakkal Taluk and District, by considering the petitioner representation dated 30.03.2016.

¶11

For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader

¶12

O R D E R

¶13

By consent, the writ petition is taken up for final disposal.

¶14

2.Seeking permission to conduct cultural programme on 23.04.2016 in Sengodapalayam Arulmighu Sri Sadayapachivinayagar Koil Thiruvizha at Namakkal Taluk and District, the petitioner made a representation dated 30.03.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.

¶15

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

¶16

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

¶17

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

¶18

5.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 23.04.2016 in Sengodapalayam Arulmighu Sri Sadayapachivinayagar Koil Thiruvizha at Namakkal Taluk and District, however, with the following conditions:-

¶19

(a) The cultural programme in connection with temple Festival in Sengodapalayam Arulmighu Sri Sadayapachivinayagar Koil Thiruvizha at Namakkal Taluk and District, to be held on 23.04.2016 between 06.00p.m. to 10.30 p.m.

¶20

(b) There should not be any kind of obscene dance or vulgar dialogue during the performance, by anyone of the participants.

¶21

¶22

(d) No dance or songs, touching upon any political party or religion or community or caste be played.

¶23

(e) No flex boards in support of any political party or communal leader be erected.

¶24

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

¶25

(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; and

¶26

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

¶27

Further, the respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

¶32

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

¶33

¶34

The Inspector of Police, Velagoundampatti Police Station, Namakkal Taluk & District.

¶35

+1 cc to Mr.R.K.Murugan Raja Advocate sr.21538 +1 cc to Government Pleader sr.21728

¶36

W.P.No.12677 of 2016
aa15/04/2016

¶37

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

M.Naveen Kumar, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Naveen Kumar, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr.Palani Vs The District Collector

A.Rangasamy, Vs The Block Development Officer

K.C.Somasundaram (M/78 Yrs) Vs Inspector General of

R.Saroja Vs The Deputy Commissioner of

J.Ramani, Vs The District Collector

E.Raghu, Vs The Tahsildar