Allowed

P.Kunjugounder v. The Inspector of Police

Madras HC6 Apr 2016WP/12850/2016

Case brief

AI extract

What is this about?

The Court allowed the Writ Petition and directed the district police to grant permission for a folk dance programme at a temple, rejecting the apprehension of law and order as insufficient without material evidence, subjecting the event to ten specific public order and harmony conditions.

What did the court decide?

Directed the respondent to issue permission for the cultural programme incorporating ten specific conditions regarding timing, conduct, and political neutrality.

P.Kunjugounder 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 : 06.04.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.12850 of 2016

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P.Kunjugounder .. Petitioner

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Vs.

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The Inspector of Police, Mecheri 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 to direct the respondent to permit the petitioner to conduct the cultural and entertainment programme, folk dance at Sri Sakthi Mariamman Temple, Pottaneri, Mecheri Mettur Taluk, Salem District, on 06.04.2016.

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Seeking permission to conduct the cultural and entertainment programme, folk dance, on 06.04.2016 in Sri Sakthi Mariamman Temple festival at Pottaneri, Mecheri, Mettur Taluk, Salem Disrict, the petitioner made a representation, dated 02.04.2016 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, submitted 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 and entertainment programme, folk dance on 06.04.2016 in Sri Sakthi Mariamman Temple, Pottaneri, Mecheri,

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

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Mettur Taluk, Salem District, however, with the following conditions:-

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(a) The cultural and entertainment programme, folk dance on 06.04.2016 in Sri Sakthi Mariamman Temple, Pottaneri, Mecheri, Mettur Taluk, Salem District, 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. s/dAssistant Registrar(CO)

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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 M/s.N.Umapathi, Advocate SR 21665

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ug(co) prk6/4 W.P.No.12850 of 2016

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

P.Kunjugounder v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

P.Kunjugounder v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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