Disposed

Dharmakkan, S/O.Palaiah Nadar v. the Superintendent of Police

Madras HC23 Sept 2016WP(MD)/18270/2016

Case brief

AI extract

What is this about?

, The Madras High Court disposed of a writ petition seeking directions to the police to permit temple festival programs including music and drama. The court granted permission but imposed stringent conditions regarding content, political neutrality, and responsibility for any incidents.

What did the court decide?

, Permission granted to conduct Innisai Katcheri function, light music, and drama between 7:00 p.m. and 10:30 p.m. on specified dates at Vijayaachampadu Village, subject to six conditions regarding co

Dharmakkan, S/O.Palaiah Nadar Vs the… — Public Procurement and Tenders | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2016

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CORAM

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THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM

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W.P(MD)No.18270 of 2016

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Dharmakkan ... Petitioner

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vs.

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1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Tirunelveli District.

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... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to grant permission to the temple festival for conducting programs like Innisai Katcheri on 26.09.2016 light music program on 29.09.2016 and Drama on 01.10.2016 at the evening hours in Arulmigu Sri Mutharamman Sri Enapulamaadan Swami Thirukovil, at Vijayaachampadu Village, Nanguneri Taluk, Tirunelveli District.

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For Petitioner : Mr.M.Maharaja For Respondent : Mr.K.P.Krishna Doss Government Advocate

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O R D E R

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The writ petition has been filed for issuance of a Writ of Mandamus, to direct the 2nd respondent to grant permission to the temple festival for conducting programs like Innisai Katcheri on 26.09.2016 light music program on 29.09.2016 and Drama on 01.10.2016 at the evening hours in Arulmigu Sri Mutharamman Sri Enapulamaadan Swami Thirukovil, at Vijayaachampadu Village, Nanguneri Taluk, Tirunelveli District.

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2.Mr.K.P.Krishna Doss, learned Government Advocate, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

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3.Heard the learned counsel appearing for the petitioner https://hcservices.ecourts.gov.in/hcservices/ and the learned Government Advocate appearing for the respondents.

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4.The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period; that a representation was given to the respondent, but, however, the same was not considered so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration.

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5.The learned Government Advocate appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

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6.Accordingly, in view of the submission made by the learned Government Advocate, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct ' innisai katcheri' function during the temple festival of Arulmigu Sri Mutharamman Sri Enapulamaadan Swami Thirukovil, at Vijayaachampadu Village, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 26.09.2016 and 29.09.2016 and Drama on 01.10.2016, between 07.00 p.m., and 10.30 p.m., by incorporating the following conditions:

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(a) Songs conveying obscene double meaning should not be

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played;

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(b) No songs touching upon the conduct of any political party or community or caste be played;

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(d)The programme shall be conducted without showing any discrimination based on caste/community etc., and it shall be ensured that it is towards promoting communal harmony;

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(e)In respect of untoward incident occurring, the organizers of the programme be responsible for the same;

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(f)If there is any violation of any 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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Sd/-

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Assistant Registrar((T&P)

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/True Copy/

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

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Sub Assistant Registrar

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1.The Superintendent of Police, Tirunelveli District,Tirunelveli.

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2.The Inspector of Police, Vijayanarayanam Police Station, Vijayanarayanam, Tirunelveli District.

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+1cc to Mr.M.Maharaja, Advocate, Sr.No.55039

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+1cc to Spl.Government Pleader Sr.No.55207

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W.P(MD)No.18270 of 2016

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23.09.2016

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PJL SH/AAL-MNA/AR-II:23.09.2016:3P/5C

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

Dharmakkan, S/O.Palaiah Nadar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Dharmakkan, S/O.Palaiah Nadar v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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