Allowed

B.Magendran, v. The Inspector of Police

Madras HC6 Apr 2016WP/12851/2016

Case brief

AI extract

What is this about?

This writ petition allowed the petitioner permission to conduct a cultural programme at a temple in Vellore District, rejecting the respondent's complaint of potential law and order problems without material evidence while imposing specific conditions on the event.

What did the court decide?

Permission granted to conduct the cultural programme on 17.04.2016 with conditions including time limits and prohibition of obscene or communal content, and a direction to issue the permission incorpo

B.Magendran, 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.12851 of 2016

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B.Magendran .. Petitioner

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Vs.

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The Inspector of Police, Virugampattu Police Station, Vellore 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 cultural programme (dance and music programme) in the "Senur Sri Mariamman Kovil", situated at No.1/113, Mariamman Kovil Street, Senur Village and Post, Kadpadi Taluk, Vellore District, scheduled to be held on 17.04.2016 from 6.00 p.m. to 11.00 p.m.

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For Petitioner : Mr.N.Desinghu For Respondents : Mr.M.Dig Vijay Pandian, Addl.G.P.

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ORDER

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Seeking permission to conduct the cultural programme (dance and music programme) on 17.04.2016 in Senur Sri Mariamman Temple at Mariamman Temple Street, Senur Village and Post, Kadpadi Taluk, Vellore District, 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

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

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conduct the cultural programme (dance and music programme) on 17.04.2016 in Senur Sri Mariamman Temple at Mariamman Temple Street, Senur Village and Post, Kadpadi Taluk, Vellore District, however, with the following conditions:-

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(a) The cultural programme (dance and music programme) on 17.04.2016 in Senur Sri Mariamman Temple at Mariamman Temple Street, Senur Village and Post, Kadpadi Taluk, Vellore 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.

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No costs. cs s/dAssistant Registrar(CO)

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True Copy Sub-Assistant Registrar

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

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Copy to

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The Inspector of Police, Virugampattu Police Station, Vellore District.

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- 1 cc to Mr.Desingh, Advocate, SR 21949

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- 1 cc to Govt.Pleader, High Court, Madras SR 22191

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mg(co) prk13/4 W.P.No.12851 of 2016

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

B.Magendran, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

B.Magendran, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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