The High Court directed the police to grant permission for a caveat against contingent stay or similar cultural programme at a temple festival, imposing conditions to prevent obscenity, political commentary, and intoxication.
Direction to respondent to issue permission for the cultural programme subject to conditions regarding content, timing, and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.19062 of 2018
Murthy S/o Rathnam
.. Petitioner
-vs-
The Inspector of Police H-5, Puduvannai Police Station Chennai 600 081 .. Respondent
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to grant and accord permission for the temple festival and to conduct Aadal-Padal cultural programs scheduled to be held on 05.08.2018 in Arulmigu Annai Shree Renuka Desamariamman Temple situated at Puduvannai, Chennai 600 081 on the basis of the representation dated 15.07.2018.
For Petitioner :: Mr.L.Chandrakumar For Respondent :: Mrs.K.Bhuvaneswari Additional Government Pleader ORDER
The petitioner seeks a direction to the respondent to grant and accord permission to conduct the cultural programme (AadalPadal) in the event of Arulmigu Annai Shree Renuka Desamariamman Temple festival at Puduvannai, Chennai 600 081 on 05.08.2018, by considering his representation dated 15.07.2018.
(a) The cultural programme (Aadal-Padal) in connection with the Arulmigu Annai Shree Renuka Desamariamman Temple festival at Puduvannai, Chennai 600 081 be held on 05.08.2018 between 07.00 p.m., and 10.30 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and the youths.
(d) No dance or songs, touching upon any political party or religion, community or caste be played.
(e) No flex boards in support of any political party or religious leader, be erected.
(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(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.
(h) Similarly, the Police is empowered to stop the cultural programme, if it exceeds beyond the permitted time.
(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.
(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
(k) The respondent is directed to issue necessary permission incorporating the above conditions.
No costs.
Sd/-
Assistant Registrar(CS-ii)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Inspector of Police
H-5 Puduvannai Police Station
Chennai 600 081
+1cc to Mr.N.R.JASMINE PADMA, Advocate, S.R.No.50318
+1cc to the Government Pleader, S.R.No. 51332
W.P.No.19062 of 2018
VBA(CO)
TR(30/07/2018)
1 issue framed by the court
Whether the police should grant permission for a cultural programme connected to a temple festival subject to certain conditions for law and order.
1 provisions across 1 enactments
Murthy S/o Rathnam
The Inspector of Police H-5, Puduvannai Police Station Chennai
T.RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
