Allowed

C. Ponmalai v. The Inspector of Police

Madras HC12 Apr 2016WP/13673/2016

Case brief

AI extract

What is this about?

Court allowed petition seeking permission to conduct a dance program at a temple. Rejected police's apprehension of law and order as insufficient. Granted permission subject to conditions ensuring decorum and communal harmony.

What did the court decide?

Writ of Mandamus issued directing respondent to grant permission for dance program on 13.04.2016 subject to conditions regarding decorum, content, and timing.

C. Ponmalai 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 : 12.04.2016

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.13673 of 2016

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C.Ponmalai ... Petitioner

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Vs.

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The Inspector of Police, Valapadi Police Station, Valapadi (Taluk), Salem District.

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... Respondent

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Prayer:

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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 dance program at Chellappan Nagar Arulmegu Sree Sakthi Mariamman Kovil, Pudhupalayam Post, Valapadi Taluk, Salem District on 13.04.2016 based on the petitioner's representation dated 09.04.2016.

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For Petitioner : Mr.P.Lakshmi Kanthan

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For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader

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O R D E R

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

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2.Seeking permission to conduct dance program on 13.04.2016 in Chellappan Nagar Arulmegu Sree Sakthi Mariamman Kovil, Pudhupalayam Post, Valapadi Taluk, Salem District, the petitioner made a representation dated 09.04.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.

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

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

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

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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 dance program on 13.04.2016 in Chellappan Nagar Arulmegu Sree Sakthi Mariamman Kovil, Pudhupalayam Post, Valapadi Taluk, Salem District, however, with the following conditions:-

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(a) The dance program in connection with temple Festival in Chellappan Nagar Arulmegu Sree Sakthi Mariamman Kovil, Pudhupalayam Post, Valapadi Taluk, Salem District, to be held on 13.04.2016 between 06.00p.m. to 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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https://hcservices.ecourts.gov.in/hcservices/

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

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Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
To
The Inspector of Police,
Valapadi Police Station,
Valapadi (Taluk),
Salem District.
+1cc to Mr.P.Lakshmi Kanthan, Advocate, S.R.No.22844
+1cc to Government Pleader SR NO 23157[9/6/16]
W.P.No.13673 of 2016
svi(CO)
srg(12/04/2016)

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

C. Ponmalai v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

C. Ponmalai v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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