Allowed

M.Jeyapal v. The Inspector of Police

Madras HC6 Apr 2018WP/8082/2018

Case brief

AI extract

What is this about?

Writ petition upholding a request to conduct a cultural programme at a temple festival. The court directed the police to grant permission subject to strict conditions ensuring communal harmony, prohibiting obscene or political content, and mandating adherence to timing limits.

What did the court decide?

Direction to the respondent to issue permission for the cultural programme on 12.04.2018 subject to specific conditions regarding content, timing, and harmony.

M.Jeyapal 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 : 06.04.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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W.P.No.8082 of 2018

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M.Jeyapaul .. Petitioner

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-vs-

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The Inspector of Police Sithodu Police Station, Sithodu, Erode District. .. Respondent

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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 the cultural programme (Adal Padal) at Pachapaali Arulmigu Sree Muthalamman Temple Festival at Erode Taluk and District on 12.4.2018 by considering the petitioner's representation dated 03.04.2018.

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For Petitioner :: Mr.A.Sathishkumar For Respondent :: Mr.Sathish, Additional Government Pleader ORDER

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The petitioner seeks a direction to the respondent to grant permission to conduct the cultural programme in the Pachapaali Arulmigu Sree Muthalamman Temple Festival at Erode Taluk and District on 12.4.2018 by considering the petitioner's representation dated 03.04.2018.

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The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Sithodu Post, Erode District and also claims to be the Secretary of Vizha Commttee. Since the committee has been conducting the cultural programmes as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted a representation to the respondent on 03.04.2018 seeking permission to conduct the cultural programme on 12.04.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

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

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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 in connection with the Pachapaali Arulmigu Sree Muthalamman Temple Festival at Erode Taluk and District by considering the petitioner's representation dated 03.04.2018 be held on 12.04.2018 between 06.00 p.m., and 11.00 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, community or caste 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 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 forthwith.

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(h) Similarly, the Police is directed to stop the dance programme, if it is played beyond the permitted time limit, and

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

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(i) The respondent is directed to issue necessary permission incorporating the above conditions. No costs.

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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
tsi
To
The Inspector of Police
Sithodu Police Station,
Sithodu, Erode District.
+1 cc to M/s.A.Sathishkumar Advocate sr 25686
W.P.No.8082 of 2018
ak(co)
aa19/04/2018

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

M.Jeyapal v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Jeyapal 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

Parties & counsel

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