Allowed

N.Suravel v. The Inspector of Police

Madras HC11 May 2017WP/12614/2017

Case brief

AI extract

What is this about?

This judgment is a writ petition under Article 226 seeking permission to conduct a cultural program (Adal Padal) during a temple festival in Vellore District. The petitioner sought to hold the event on 12.05.2017 after a representation was ignored by the respondent police officer who cited potential law and order issues. The High Court held that mere apprehension of law and order disruption is not

What did the court decide?

Permission to conduct the cultural program on 12.05.2017 is granted subject to conditions ensuring no law and order breach, obscene content, political derogation, or disturbance of communal harmony.

N.Suravel Vs The Inspector of Police — Writ and Judicial Review | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 11.05.2017

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CORAM

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THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM

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W.P.No.12614 of 2017

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N.Suravel ... Petitioner

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

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent authority to give Permission to conduct Cultural Programme (Adal Padal) in Nandhipanda, Kamarajar Nagar Arulmigu Sree Nandhiraya Swamy Temple Festival, at Natrampalli Taluk, Vellore District on 12/05/2017 by considering petitioner's representation dated 08.05.2017.

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For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.A.N.Thambidurai, Special Government Pleader O R D E R

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Seeking permission to conduct cultural programme (Adal Padal) in the event of Nandhipanda, Kamarajar Nagar Arulmigu Sree Nandhiraya Swamy Temple Festival, at Natrampalli Taluk, Vellore District, on 12.05.2017, the petitioner made a representation dated 08.05.2017 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 arising 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 cultural programme in the event of Nandhipanda, Kamarajar Nagar Arulmigu Sree Nandhiraya Swamy Temple Festival, at Natrampalli Taluk, Vellore District, on 12.05.2017, however, with the following conditions:-

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(a) The cultural programme in connection with in the event of Nandhipanda, Kamarajar Nagar Arulmigu Sree Nandhiraya Swamy Temple Festival, at Natrampalli Taluk, Vellore 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 respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

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Sd/-

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Assistant Registrar(V.O)

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//True Copy//

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Sub Assistant Registrar

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

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

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.A.Sathishkumar, Advocate, S.R.No.37262

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W.P.No.12614 of 2017
NRI(CO)
CA(11/05/2017)

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

N.Suravel v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

N.Suravel v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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