Allowed

S.Devendiran v. The State rep by

Madras HC23 Jun 2022WP/15935/2022

Case brief

AI extract

What is this about?

The High Court issued a Writ of Mandamus directing the police respondent to grant permission for a cultural programme (Music Orchestra) on 27.06.2022, subject to specific conditions regarding time, content, noise, and public order, and imposed a daily fee of Rs. 15,000.

What did the court decide?

Permission granted for the cultural programme subject to conditions including time limits, content restrictions, and a fee of Rs. 15,000 daily.

S.Devendiran Vs The State rep by — Writ and Judicial Review | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.06.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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W.P. No.15935 of 2022

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S.Devendiran ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, Chetpet Police Station, Thiruvannamalai District.

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..Respondent

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondent authority to give permission to conduct Cultural Programme namely Music Orchestra in the event of Kumbabishekam at Shri Angalammal Periyayi Amman Temple, Nambedu Village, Chetpet Taluk, Thiruvannamalai District on 27.06.2022 ( Monday) between 6.00 pm to 10.00 pm by considering the petitioner's representation dated 19.06.2022.

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For Petitioner : Mr.V.R.Appaswamee

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For Respondent : Mr.N.Muthuvel Government Advocate (Crl.Side)

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O R D E R

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The Writ Petition has been filed to direct the respondent authority to give permission to conduct Cultural Programme namely Music Orchestra in the event of Kumbabishekam at Shri Angalammal Periyayi Amman Temple, Nambedu Village, Chetpet Taluk, Thiruvannamalai District on 27.06.2022 ( Monday) between 6.00 pm to 10.00 pm by considering the petitioner's representation dated 19.06.2022.

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Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the police do not have any reservations on the place, where the function is to be conducted. However, there is an apprehension that some law and

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

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order problem may arise during the cultural programme. He would also submit that the Director General of Police, in his proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019, has issued circular to the Commissioner of Police, Superintendent of Police and all the Station Housing Officers, directing them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programmes to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.

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The respondent police is directed to grant permission for conducting the cultural programme (ie.,) Adal Padal Dance Programme as sought by the petitioner, with the following conditions:

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(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m;

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(b) double meaning songs should not be played so as to spoil the minds of students and the youth;

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(d) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads;

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(e) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;

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(f) 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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(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

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(h) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;

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(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same;

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(j) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned;

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(k)Organizers shall have to obtain all other required permission from the authorities concerned;

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(l)Any other conditions as the authority concerned consider to impose according to the ground reality”.

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

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The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the programme. If there is any rival claim, the police is also directed to hear the other side before granting permission to the petitioner. Further, the petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) everyday to the respondent police towards bundobust charges. The uploaded copy can be utilised for the purpose of execution of the order.

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The Writ Petition stands disposed of with the above directions. However, there shall be no order as to costs.

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Sd/-

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Assistant Registrar(CS-II)

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//True copy//

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Sub Assistant Registrar

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shk/kas

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The Inspector of Police, Chetpet Police Station, Thiruvannamalai District.

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The Public Prosecutor, High Court of Madras.

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W.P. No.15935 of 2022

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SKM(CO)

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GMY(30/06/2022)

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

S.Devendiran v. The State rep by

Case brief

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S.Devendiran v. The State rep by

Case brief

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