Allowed

K.Manjunath v. The Inspector of Police

Madras HC15 Apr 2016WP/14114/2016

Case brief

AI extract

What is this about?

The Madras High Court allowed a writ petition seeking permission to conduct a cultural program at a temple festival, rejecting the State's apprehension of law and order. Permission was granted subject to strict conditions regarding content, noise, political neutrality, and time limits.

What did the court decide?

Writ petition allowed; petitioner permitted to conduct cultural program on 19.04.2016 subject to specified conditions regarding content, timing, and neutrality.

K.Manjunath Vs The Inspector of Police — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.04.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.14114 of 2016

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K.Manjunath ... Petitioner
Vs.
The Inspector of Police,
Kali Police Station,
Dharmapuri District. ... Respondent
Writ petition has been filed under Article 226 of the
Constitution of India, praying for a Writ of mandamus directing
the respondent authority to give permission to conduct the
cultural program at Kodhur Arulmighu Sri Anjaneyar Koil
Thiruvizha on 19.4.2016 at Thenkanikottai Taluk, Dharmapuri
District, by considering the petitioner's representation dated
12.4.2016.
For Petitioner : Mr.R.P.Murugan Raja
For Respondent : Mr.V.Jayaprakash Narayanan,
Special Government Pleader
ORDER

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

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Seeking permission to conduct cultural programme on 19.4.2016 at Kodhur Arulmighu Sri Anjaneyar Koil, Thenkanikottai Taluk, Dharmapuri District, the petitioner made a representation dated 12.4.2016 to the respondent. As the same has not been considered so far, the present writ petition has been filed.

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I have heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who has taken notice on behalf of the respondent.

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

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

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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.

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In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme on 19.4.2016 at Kodhur Arulmighu Sri Anjaneyar Koil, Thenkanikottai Taluk, Dharmapuri District, however, with the following conditions:-

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(a) The cultural programme in connection with

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temple Festival at Kodhur Arulmighu Sri Anjaneyar Koil, Thenkanikottai Taluk, Dharmapuri District, to be held on 19.4.2016 between 06.00 p.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 II)
//True Copy//
Sub Assistant Registrar
sbi
To
The Inspector of Police,
Kali Police Station,
Dharmapuri District.
+1cc to Mr.R.P.Murugan Raja, Advocate, S.R.No.23619
W.P.No.14114 of 2016
RV(CO)
CA(15/04/2016)

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

K.Manjunath v. The Inspector of Police

Case brief

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K.Manjunath v. The Inspector of Police

Case brief

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