Allowed

Ashok Kumar v. The Inspector of Police

Madras HC17 Mar 2016WP/9985/2016

Case brief

AI extract

What is this about?

Writ petition filed seeking permission to conduct a cultural program at a temple. The Court held that mere apprehension of law and order is insufficient to reject the petition. Permission is granted subject to conditions regarding timing, content, and prohibition of political/communal messages.

What did the court decide?

A Writ of Mandamus was directed to the Respondent to issue permission for the cultural program subject to specified conditions regarding time limits and content restrictions.

Ashok Kumar 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 : 17.03.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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W.P.No.9985 of 2016

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Ashok Kumar, S/o Subramanian, The President,

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Organising Committee,

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Sri Mariamman Temple, Elanagar, Trichengode Taluk, Namakkal District. ... Petitioner Vs. The Inspector of Police, Velagoundampatti Police Station, Namakkal District. ... Respondent

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to directing the respondent to give permission to conduct the cultural programme in the event of function at Sri Mariamman Temple on 23.03.2016 at Elanagar, Trichengode Taluk, Namakkal District.

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For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.S.Pattabiraman, Additional Government Pleader

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ORDER

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Seeking permission to conduct the cultural programme in the event of function at Sri Mariamman Temple on 23.03.2016 at Elanagar, Trichengode Taluk, Namakkal District, the petitioner made a representation dated 14.03.2016 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 Government Advocate appearing for the respondent.

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

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

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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 of permission being granted. In such view of the matter, the Writ Petition is allowed and the petitioner is permitted to conduct the cultural programme in the event of function at Sri Mariamman Temple on 23.03.2016 at Elanagar, Trichengode Taluk, Namakkal District, however, with the following conditions:-

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(a) The cultural programme in connection with the event of function at Sri Mariamman Temple at Elanagar, Trichengode Taluk, Namakkal District, which is scheduled to be held on 23.03.2016, should be held 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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(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.

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(h) Similarly, the Police is entitled to stop the cultural 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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Assistant Registrar(CO)

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//True Copy//

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cs Sub Assistant Registrar To

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The Inspector of Police, Velagoundampatti Police Station, Namakkal District.

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+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.17253 +1cc to the Government Pleader, S.R.No.17356

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W.P.No.9985 of 2016 SNS(CO) CA(18/03/2016)

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

Ashok Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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