Allowed

M.P. Ramar v. The Inspector of Police

Madras HC22 Apr 2016WP/14814/2016

Case brief

AI extract

What is this about?

The High Court dismissed the respondent's argument that mere apprehension of law and order warrants rejection of a petition for a cultural program. The petitioner was permitted to conduct the program but ordered to provide necessary permission incorporating specific conditions to prevent law and order issues.

What did the court decide?

Writ petition allowed; permission granted to conduct cultural program subject to conditions regarding time, content, and conduct.

M.P. Ramar Vs The Inspector of Police — Service and Employment | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 22.04.2016

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE R.SUBBIAH

¶5

Writ Petition No.14814 of 2016

¶6

M.P.Ramar ... Petitioner

¶7

vs. The Inspector of Police, Jolarpettai Police Station, Vellore District. .. Respondent

¶8

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 programme in Thamelathimuthur Arulmighu Sri Muneeswarar Koil Thiruvizha on 8.5.2016 at Thirupathur Taluk, Vellore District, by considering the petitioner representation dated 18.4.2016. For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.M.Dig Vijaya Pandian, Addl. Govt. Pleader ORDER

¶9

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

¶10

Seeking permission to conduct cultural program on 8.5.2016 at Thamelathimuthur Arulmighu Sri Muneeswarar Koil Thiruvizha, Thirupathur Taluk, Vellore District, the petitioner made a representation dated 18.4.2016 to the respondent. As the same has not been considered so far, the present writ petition has been filed.

¶11

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.

¶12

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

¶13

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

¶14

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.

¶15

In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural program on 8.5.2016 at Thamelathimuthur Arulmighu Sri Muneeswarar Koil Thiruvizha, Thirupathur Taluk, Vellore District, however, with the following conditions:-

¶16

(a) The cultural program in connection with temple Festival at Thamelathimuthur Arulmighu Sri Muneeswarar Koil, Thirupathur Taluk, Vellore District, to be held on 8.5.2016 between 06.00 p.m. to 10.30 p.m.

¶17

(b) There should not be any kind of obscene dance or vulgar dialogue during the performance, by anyone of the participants.

¶18

¶19

(d) No dance or songs, touching upon any political party or religion or community or caste be played.

¶20

(e) No flex boards in support of any political party or communal leader be erected.

¶21

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

¶22

(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

¶23

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

¶24

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

¶25

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

¶26

sbi Sd/Asst.Registrar

¶27

/true copy/
Sub Asst. Registrar
To
The Inspector of Police,
Jolarpettai Police Station,
Vellore District.
+ 1 cc to Mr.R.P.Murugan Raja, Advocate Sr 25125
KR/28/4/16
W.P.No.14814 of 2016

¶28

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

M.P. Ramar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.P. Ramar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tex City Club, (RegNo.189/2011 Vs The District Superintendent of

A.Mohan, Vs The State of Tamilnadu

R.Varun Maurya, Vs The State of Tamilnadu

Mrs. Lakshmi Vs Tamilnadu Slum Clearance

B.Gopinath, M/a 40 Yrs Vs The Principal Secretary to

N.Subbulakshmi, Vs The District Collector/