Allowed

T.Parthipan, v. The Inspector of Police

Madras HC24 Aug 2018WP/21517/2018

Case brief

AI extract

What is this about?

Petitioner sought writ to permit a cultural program in a temple which was denied due to past concerns over obscene dance. Court permitted the program subject to strict conditions prohibiting obscenity, political/religious content, and ensuring harmony.

What did the court decide?

Permitted to conduct the cultural program on 30.08.2018 subject to strict conditions regarding content, timing, and police supervision to prevent violation of public order.

T.Parthipan, Vs The Inspector of Police — Civil Procedure and Limitation | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.08.2018 CORAM THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.21517 of 2018

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T.Parthipan ...Petitioner

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The Inspector of Police, Kadaladi Police Station, Kadaladi,Kalasappakkam Taluk, Thiruvannamalai District. ...Respondent

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondent to grant permission to conduct cultural program (Dance and Music Program) in the Sri Kaliyamman Temple situated at No.2/190, Main Road, Singaravadi Village, Kadaladi Post 606 908, Kalasappakkam Taluk, Thiruvannamalai District, scheduled to be held on 30.08.2018 from 7.00 pm to 11.00 pm.

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For Petitioner : Mr.N.Desinghu

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For Respondent : Mr.E.Balamurugan Special Government Pleader

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O R D E R

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Seeking permission to conduct cultural programme in Sri Kaliyamman Temple situated at No.2/190, Main Road, Singaravadi Village, Kadaladi Post 606 908, Kalasappakkam Taluk, Thiruvannamalai District, on 30.08.2018, the petitioner addressed a representation dated 17.08.2018 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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3.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 to be conducted in Sri Kaliyamman Temple situated at No.2/190, Main Road, Singaravadi Village, Kadaladi Post 606 908, Kalasappakkam Taluk, Thiruvannamalai District, scheduled to be held on 30.08.2018, whatever conditions this Court imposes for conducting the

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

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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 in Sri Kaliyamman Temple situated at No.2/190, Main Road, Singaravadi Village, Kadaladi Post 606 908, Kalasappakkam Taluk, Thiruvannamalai District, scheduled to be held on 30.08.2018, with the following conditions:-

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(a) The cultural programme in connection with Sri Kaliyamman Temple situated at No.2/190, Main Road, Singaravadi Village, Kadaladi Post 606 908, Kalasappakkam Taluk, Thiruvannamalai District shall be held on 30.08.2018 between 6.00 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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Sd/-

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Assistant Registrar(CS IX)

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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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gsk/bkn

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The Inspector of Police, Kadaladi Police Station, Kadaladi, Kalasappakkam Taluk, Thiruvannamalai District.

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+1cc to Mr.N.Desinghu, Advocate, S.R.No.57777

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W.P.No.21517 of 2018

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CS/24/08/18

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

T.Parthipan, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

T.Parthipan, 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

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