Allowed

K.Balaji, v. The Inspector of Police

Madras HC10 Jul 2018WP/17155/2018

Case brief

AI extract

What is this about?

This writ petition sought a direction to the police to permit a cultural programme during a temple festival. The court granted permission subject to specific conditions regarding content, timing, and conduct to ensure public order and communal harmony.

What did the court decide?

Permission granted for the cultural programme on 14.07.2018 between 07:00 PM and 10:30 PM subject to specific conditions regarding content, conduct, and public order.

K.Balaji, Vs The Inspector of Police — Madras HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.07.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P.No.17155 of 2018

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K.Balaji ... Petitioner

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-vs-

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The Inspector of Police Pallapatti Police Station Pallapatti Salem District ... Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal) in the event of Gupta Nagar Arulmigu Sree Sakthi Kaliamman Temple Festival at Attur Taluk, Salem District on 14.07.2018 between 06.00 PM and 11.00 PM by considering the Petitioner's representation dated 03.07.2018.

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For Petitioner :: Mr.A.Sathishkumar For Respondent :: Mrs.K.Bhuvaneswari Additional Government Pleader ORDER

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The petitioner seeks a direction to the respondent authority to give permission to conduct the cultural programme (Adal Padal) in the event of Gupta Nagar Arulmigu Sree Sakthi Kaliamman Temple Festival at Attur Taluk, Salem District on 14.07.2018 between 06.00 PM and 11.00 PM by considering his representation dated 03.07.2018.

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The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Adhisakthipuram, Angammal colony and also claims to be the Secretary of Vizha Committee. Since the committee has 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

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

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submitted a representation to the respondent on 03.07.2018 seeking permission to conduct the cultural programme on 14.07.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

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The learned Additional Government Pleader appearing for the respondent, 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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In view of the submission made by the learned Additional Government Pleader for the respondent, this writ petition is disposed of with the following directions:-

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(a) The cultural programme (Adal Padal) in connection with the Gupta Nagar Arulmigu Sree Sakthi Kaliamman Temple Festival at Attur Taluk, Salem District be held on 14.07.2018 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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https://hcservices.ecourts.gov.in/hcservices/

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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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(k) The respondent is directed to issue necessary permission incorporating the above conditions.

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No costs.

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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
ss
To
The Inspector of Police
Pallapatti Police Station
Pallapatti
Salem District.
+1cc to Mr.A.Sathishkumar, Advocate Sr.44833
+1cc to the Government Pleader Sr.45289
W.P.No.17155 of 2018
srg 12/07/2018

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

K.Balaji, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Balaji, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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