Allowed

R.Murugesan, v. The Inspector of Police

Madras HC25 Apr 2016WP/15256/2016

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed under Article 226 directing the police to grant permission for a cultural programme. The Court rejected the authority's apprehension of law and order issues but imposed conditions prohibiting obscenity, political or religious content, and strict timing limits.

What did the court decide?

Permission granted to conduct the cultural programme with specific conditions regarding timing, content purity, and political/religious exclusivity.

R.Murugesan, Vs The Inspector of Police — Writ and Judicial Review | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 25.04.2016

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

W.P.No.15256 of 2016

¶6

R.Murugesan ... Petitioner

¶7

Vs. The Inspector of Police, Omalur Police Station, Salem District. ... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent authority to give permission to conduct the cultural programme at Kanchukalipatti Arulmighu Sri Sakthi Mariamman Koil Thiruvizha on 27.04.2016 at Omalur Taluk, Salem District, by considering the petitioner's representation dated 18.04.2016.

¶8

For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.M.Dig Vijaya Pandian, Additional Government Pleader O R D E R

¶9

Seeking permission to conduct cultural programme in the event of Kanchukalipatti Arulmighu Sri Sakthi Mariamman Koil Thiruvizha on 27.04.2016 at Omalur Taluk, Salem District, the petitioner made a representation dated 18.04.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.

¶10

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

¶11

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

¶12

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

¶13

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 cultural programme in the event of Kanchukalipatti Arulmighu Sri Sakthi Mariamman Koil Thiruvizha on 27.04.2016 at Omalur Taluk, Salem District, however, with the following conditions:-

¶14

(a) The cultural programme in connection with the event of Kanchukalipatti Arulmighu Sri Sakthi Mariamman Koil at Omalur Taluk, Salem District, shall be conducted on 27.04.2016 between 06.00p.m. and 11.00 p.m.

¶15

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

¶16

¶17

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

¶18

(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

¶19

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

¶20

(g) If there is 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 forthwith; and

¶21

(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

¶22

(i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

¶23

Sd/-

¶24

Assistant Registrar(CCC)

¶25

//True Copy//

¶26

Sub Assistant Registrar

¶27

¶28

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

¶29

¶30

The Inspector of Police, Omalur Police Station, Salem District.

¶31

+1cc to Mr.R.P.Murugan Raja, Advocate, S.R.No.25651

¶32

W.P.No.15256 of 2016

¶33

CA(25/04/2016)

¶34

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

R.Murugesan, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

R.Murugesan, 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

M.P. Ramar Vs The Inspector of Police

M/s. Valvil Ori Transport Vs Indian Oil corporation Ltd.

A.S.Media Vs The Inspector of Police

M/s.Seahorse Marine Vs The Chairman

V.P.Mohan Kumar, Vs The Tahsildar

Dr.Keerthika.S. Vs Government of Tamil nadu