Allowed

V.Bharath, v. The Inspector of Police

Madras HC21 Aug 2018WP/21315/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition. The petitioner, seeking permission to conduct a cultural programme ('Adal Padal') during a temple festival, was assured that no obscene, vulgar, or politically/communal content would be included. The Court permitted the program subject to strict conditions regarding time, content, and police authority to stop the event if violated.

What did the court decide?

Permission to conduct cultural programme issued with conditions regarding content, timing, and caste/religious harmony; respondent directed to issue permit.

V.Bharath, Vs The Inspector of Police — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.08.2018

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CORAM

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THE HONOURABLE MR. JUSTICE R.MAHADEVAN

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W.P.No.21315 of 2018

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V.Bharath .. Petitioner

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The Inspector of Police, Porayar Police Station, Porayar, Nagapattinam District. .. Respondent

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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 the event of Chinnangudi, South Street Arulmigu Sree Muthu Mariamman & Vinayagar Temple Festival at Tharangampadi Taluk, Nagapattinam District, on 25.08.2018 between 6.00 p.m., to 11.00 p.m., by considering the petitioner’s representation dated 13.8.2018.

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For Petitioner : Mr.A.Sathishkumar

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For Respondent : Mr.E.Balamurugan

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Special Government Pleader

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Seeking permission to conduct cultural programme in the Chinnangudi, South Street Arulmigu Sree Muthu Mariamman & Vinayagar Temple Festival at Tharangampadi Taluk, Nagapattinam District, on 25.08.2018, the petitioner addressed a representation dated 13.08.2018 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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Since this Court, on earlier occasions, has not granted permission to conduct dance programme on the ground that obscene movements are involved in the dance performances, now, the petitioner assured that no such obscene dance movements will be there in the cultural programme (Adal Padal) in the event of Chinnangudi, South Street Arulmigu Sree Muthu Mariamman & Vinayagar Temple Festival at Tharangampadi Taluk, Nagapattinam

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

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District, on 25.08.2018 and whatever conditions this Court imposes for conducting the cultural programme, the same will be adhered to by the petitioner in letter and spirit.

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In view of the assurance so given by the petitioner, this writ petition is disposed of, by permitting the petitioner to conduct cultural programme (Adal Padal) in the event of Chinnangudi, South Street Arulmigu Sree Muthu Mariamman & Vinayagar Temple Festival at Tharangampadi Taluk, Nagapattinam District, on 25.08.2018 with the following conditions:-

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(a) The cultural programme (Adal Padal) in connection with the Chinnangudi, South Street Arulmigu Sree Muthu Mariamman & Vinayagar Temple Festival at Tharangampadi Taluk, Nagapattinam District, shall be conducted on 25.08.2018, between 06.00 p.m. and 10.00 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 conducted 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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Assistant Registrar(CS IV)

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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, Porayar Police Station, Porayar, Nagapattinam District.

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+1cc to Mr.A.Sathishkumar, Advocate sr.no.57429 +1cc to Government Pleader sr.no.57657

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W.P.No.21315 of 2018

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nr 23/08/2018

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

V.Bharath, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

V.Bharath, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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