Allowed

M.Palraj, v. The Superintendent of Police

Madras HC5 Jul 2018WP/16789/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandamus to direct police to consider a request for cultural program permission. The Court granted permission subject to specific conditions regarding content, time, conduct, and public order.

What did the court decide?

Petitioner's request allowed; permission directed upon strict conditions regarding content, timing, and conduct; respondent to issue permit accordingly.

M.Palraj, Vs The Superintendent of Police — Public Procurement and Tenders | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.07.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

W.P.No.16789 of 2018

M.Palraj

.. Petitioner

Vs.

1.The Superintendent of Police, Dharmapuri, Dharmapuri District – 636 001.

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2.The Inspector of Police Palacode Police Station, Palacode Taluk, Dharmapuri District – 636 808. .. Respondents

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Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Mandamus, directing the
respondents to consider and pass orders on the petitioner's
representation dated 27.06.2018 to conduct cultural programme on
11.07.2018.
For Petitioner :: Mr.S.Mayilnathan
For Respondents : Mrs.K.Bhuvaneswari,
Additional Government Pleader
O R D E R

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The petitioner seeks a direction to the respondents to consider and pass orders on the petitioner's representation dated 27.06.2018 to conduct cultural programme on 11.07.2018.

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2.The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Dhandukaranahalli Village, Dhandukaranahalli Post, Palacode Taluk, Dharmapuri District. Since the village people have been conducting the cultural programme as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted representation to the respondents on 27.06.2018 seeking permission to conduct the cultural programme on 11.07.2018. As the said representations have not been considered by the respondents so far, the petitioner is before this Court.

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3.The learned Additional Government Pleader appearing for

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

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

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4.In view of the submission made by the learned Additional Government Pleader for the respondents, this Writ Petition is disposed of with the following directions:-

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(a) The cultural programme (Adal Padal) in connection with the Sri Mariamman Temple, Dhandukaranahalli Village, Dhandukaranahalli Post, Palacode Taluk, Dharmapuri District on 11.07.2018 between 07.00 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, community or caste be played.

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(e) No flex boards in support of any political party or religious 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 empowered to stop the cultural programme, if it exceeds beyond the permitted time.

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(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.

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(j) If there is any untoward incident taking place, the village people and the organizers of the programme be made responsible for the same; and

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

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

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Sd/-
Assistant Registrar(CS VII)
//True copy//
Sub Assistant Registrar
va
To
1.The Superintendent of Police,
Dharmapuri, Dharmapuri District – 636 001.
2.The Inspector of Police
Palacode Police Station, Palacode Taluk,
Dharmapuri District – 636 808.
+1cc to Mr.S.Mayilnathan, Advocate SR.No.43548
W.P.No.16789 of 2018
SVI(CO)
GN(05/07/2018)

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

M.Palraj, v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

M.Palraj, v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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