Allowed

K.Panneerselvam, v. The Inspector of Police

Madras HC17 Mar 2016WP/9988/2016

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed for permission to conduct a cultural programme. It held that mere apprehension of law and order problems was insufficient to reject the representation.

What did the court decide?

The petitioner is permitted to conduct the cultural programme on 22.03.2016 with conditions imposed by the Court to ensure public order, morality, and communal harmony.

K.Panneerselvam, Vs The Inspector of… — Constitutional and Fundamental Rights | 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

W.P.No.9988 of 2016

K.Panneerselvam

.. Petitioner

Vs.

The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District.

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.. 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 direct the respondent to give permission to the petitioner to conduct a cultural programme scheduled to be held on 22.03.2016 in "Shri Devi Shri Pudevi Temple Cendrayasamy" at Kothur, Natrampalli Taluk, Vellore District, by considering the petitioner's representation, dated 14.03.2016.

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For Petitioner : Mr.Satheesh

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For Respondent : Mr.R.A.S.Senthilvel, Addl.G.P.

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ORDER

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Seeking permission to conduct the cultural programme in "Shri Devi Shri Pudevi Temple Cendrayasamy" at Kothur, Natrampalli Taluk, Vellore District, on 22.03.2016, 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 Additional Government Pleader appearing for the respondent.

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Learned Additional 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 of permission being granted. In such view of the matter, the Writ Petition is allowed and the petitioner is permitted to

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

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conduct the cultural programme in "Shri Devi Shri Pudevi Temple Cendrayasamy" at Kothur, Natrampalli Taluk, Vellore District, on 22.03.2016, however, with the following conditions:-

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(a) The cultural programme in connection with "Shri Devi Shri Pudevi Temple Cendrayasamy" at Kothur, Natrampalli Taluk, Vellore District, which is scheduled to be held on 22.03.2016, 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.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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

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Copy to

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The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District.

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+1 cc to Government Pleader sr.17345

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+1 cc to Mr.Satheesh Advocate sr.17044

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W.P.No.9988 of 2016

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aa18/03/2016

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

K.Panneerselvam, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Panneerselvam, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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