Allowed

G.Ranjithkumar, v. The Inspector of Police

Madras HC12 Jan 2016WP/959/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking permission to conduct a cultural programme in a temple. Rejecting the argument of a mere apprehension of law and order, the Court permitted the programme subject to specific conditions regarding timing, content, and community harmony.

What did the court decide?

Permitted the petitioner to conduct the cultural programme on 16.01.2016 subject to specific conditions regarding time, content, and public harmony.

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.01.2016

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CORAM

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THE HONOURABLE MR. JUSTICE M.M. SUNDRESH

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W.P. No. 959 of 2016

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G. Ranjithkumar ..Petitioner

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Vs.

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The Inspector of Police, Bavani Police Station, Bavani, Erode (D.T.) ..Respondent Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondent to grant permission and protection to conduct cultural programme (Dance and Music Programme) in Sri Magaliamman Temple situated at Muthugoundanur, Kannadipalayam (P.O.), Bavani Taluk, Erode District, scheduled to be held on 16.01.2016 from 6p.m. To 11 p.m.

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For Petitioner :: Mr.J. Pradeep For Respondent :: Mr.A. Kumar Special Govt. Pleader O R D E R

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Seeking permission to conduct cultural programme on 16.01.2016 in Sri Magaliamman Temple situated at Muthugoundanur, Kannadipalayam Post, Bavani Taluk, Erode District, the petitioner made a representation dated 08.01.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.

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

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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. There is absolutely no material before this Court to hold that there will be a law and order problem in the event

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

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of permission being granted. In such view of the matter, the writ petition is disposed of permitting the petitioner to conduct cultural programme on 16.01.2016 in Sri Magaliamman Temple situated at Muthugoundanur, Kannadipalayam Post, Bavani Taluk, Erode District, however, with the following conditions:-

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(a) The cultural programme in Sri Magaliamman Temple situated at Muthugoundanur, Kannadipalayam Post, Bavani Taluk, Erode District, be held on 16.01.2016 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 dialogues during the performance, by anyone of the participants.

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(c)Double meaning songs should not be played so as to spoil the minds of students and youths.

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

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Sub Asst. Registrar

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

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The Inspector of Police, Bavani Police Station, Bavani, Erode District.

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1 cc to Government Pleader, Sr. 2263
1 cc to M/s. N. Desinghu, Advocate, Sr. 2181
W.P.No.959 of 2016
PPA (CO)
kk 12/1

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

G.Ranjithkumar, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

G.Ranjithkumar, 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

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