Allowed

C. Ponnappan, v. State Rep. by

Madras HC10 May 2017WP/12210/2017

Case brief

AI extract

What is this about?

The High Court dismissed the respondents apprehension of law and order regarding a temple festival. It allowed the writ petition, directing permission subject to specific conditions banning obscene content, political/communal references, and ensuring adherence to time limits.

What did the court decide?

Permission granted to conduct cultural programme with conditions regarding timing, content restrictions, and prohibition of political or communal displays.

C. Ponnappan, Vs State Rep. by — Public Procurement and Tenders | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.05.2017

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CORAM

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THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM

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W.P.No.12210 of 2017

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C.Ponnappan .. Petitioner

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1.State rep. by The Superintendent of Police, Dharmapuri, District Police Office, Dharmapuri District.

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2.The Inspector of Police, Kottapatti Police Station, Kottapatti, Dharmapuri District. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the 2^nd respondent to give permission to conduct a festival program scheduled to be held on 12.05.2017 in Rettai Kombu Ramar @ Pattabishega Ramar Temple by considering the petitioner's representation dated 04.05.2017.

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For Petitioner : Mr.V.Rajamohan For Respondents : Mr.A.N.Thambidurai, Special Government Pleader

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Seeking permission to conduct cultural programme in the event of Sri Rettai Kombu Ramar @ Pattabishega Ramar Temple, Ezhur, Harur Taluk, Dharmapuri District, the petitioner made a representation dated 04.05.2017 to the respondents. 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 respondents.

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

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Learned Special Government Pleader, on instructions, would submit that there is likelihood of arising 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 conduct cultural programme in the event of Rettai Kombu Ramar @ Pattabishega Ramar Temple, Ezhur, Harur Taluk, Dharmapuri District, however, with the following conditions:-

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(a) The cultural programme in connection with in the event of Rettai Kombu Ramar @ Pattabishega Ramar Temple, Ezhur, Harur Taluk, Dharmapuri District, shall be conducted on 12.05.2017 between 06.00 p.m. and 11.00 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 shall be played.

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

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(f) The function shall 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 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

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

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(i) The 2^nd respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

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Vacation Officer

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//True Copy//

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Sub Assistant Registrar

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gya

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

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To 1.The Superintendent of Police, Dharmapuri, District Police Office, Dharmapuri District. 2.The Inspector of Police, Kottapatti Police Station, Kottapatti, Dharmapuri District. 3.The Public Prosecutor, High Court, Madras. +1cc to Mr.N.Mohideen Basha,Advocate sr.37055 WP.No.12210 of 2017 mp1(co) Rmp(10/05/17)

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

C. Ponnappan, v. State Rep. by

Case brief

What is this about?

What did the court decide?

C. Ponnappan, v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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