Allowed

M.Srinivasan v. The Inspector of Police

Madras HC7 Apr 2016WP/13082/2016

Case brief

AI extract

What is this about?

Writ petition filed seeking permission to conduct a cultural program on a specific date. The court dismissed the apprehension of law and order due to lack of material and allowed the petition, directing the respondent to permit the program under strict conditions regarding time, content, and conduct.

What did the court decide?

Permission granted to conduct the cultural program on 8.4.2016 at the specified venues under conditions of time limits, content restrictions, and prohibition of political or communal items.

M.Srinivasan 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 : 07.04.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.13082 of 2016

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M.Srinivasan ... Petitioner

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Vs. The Inspector of Police Kannakuruchi Police Station Salem District ... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondent to permit the petitioner to conduct the cultural programme Folk dance at Badrakaliamman, Karukaliamman, Maduraiveeran Koil at Chinna Tiruppathi, Salem District on 08.04.2016. For Petitioner : Mr.N.Umapathi For Respondent : Mr.M.Dig Vijay Pandian Addl.Govt. Pleader ORDER By consent, the main writ petition itself is taken up for final disposal. 2. Seeking permission to conduct cultural programme on 8.4.2016 at Badrakaliamman, Karukaliamman, Maduraiveeran Koil situated int Chinna Tiruppathi, Salem District, the petitioner made a representation dated 3.4.2016 to the respondent. As the same has not been considered so far, the present writ petition has been filed. 3. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondent.

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Learned Additional 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 of the petitioner. 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 8.4.2016 at Badrakaliamman, Karukaliamman, Maduraiveeran Koil situated int Chinna Tiruppathi, Salem District, however, with the following conditions:-

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(a) The cultural programme in connection with temple Festival at Badrakaliamman, Karukaliamman, Maduraiveeran Koil situated int Chinna Tiruppathi, Salem District, to be held on 8.04.2016 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 dialogue 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; and

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

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

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Sd/Asst.Registrar (CS VII ) /true copy/

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Sub Asst. Registrar

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ajr

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

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The Inspector of Police Kannakuruchi Police Station Salem District

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1 cc to M/s.N. Umapathy, Advocate, Sr. 22408
W.P.No.13082 of 2016

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SNS (CO)
kk 7/4

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

M.Srinivasan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Srinivasan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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