Allowed

K.Raman v. The Inspector of Police

Madras HC5 May 2023WP/14261/2023

Case brief

AI extract

What is this about?

Petitioner sought writ of mandate to permit a cultural program at a temple. The court examined if mere apprehension of disorder warranted rejection. It allowed the petition, permitting the program subject to time limits, payment of charges, and strict conditions against obscenity, political/religious content.

What did the court decide?

Permission to conduct cultural program granted subject to conditions regarding time, payment of charges, and prohibitions on obscenity, politics, and commercial exhibits.

K.Raman Vs The Inspector of Police — Public Procurement and Tenders | Madras HC (2023)

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W.P.No.14261 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.05.2023

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CORAM

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THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.14261 of 2023

K.Raman

... Petitioner

Vs.

The Inspector of Police, Yelagiri Malai Police Station, Tirupattur District. ... Respondent

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Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct a cultural program schedule to be held on 30.05.2023 in "Sri Samundeeswari Temple", at about 06.00 PM to 11.00 PM, at Thamalerimuthur Village, Tirupattur Circle, Tirupattur District by considering the petitioner representation dated 13.04.2023.

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For Petitioner : Ms.S.Premakumari

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.14261 of 2023

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For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

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ORDER

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Seeking permission to conduct cultural programme in the event of

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"Sri Samundeeswari Temple", at Thamalerimuthur Village, Tirupattur Circle, Tirupattur District the petitioner made a representation dated 13.04.2023 to the respondent. As the same has not been considered, the present Writ petition has been filed.

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By consent, the writ petition itself is taken up for final disposal.

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Heard the learned counsel appearing for the petitioner and the

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learned Government Advocate (Crl. Side) appearing for the respondent.

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Learned Government Advocate (Crl. Side), on instructions, would

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submit that there is likelihood of arising law and order problem.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.14261 of 2023

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A mere apprehension cannot be a ground to reject the

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representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of "Sri Samundeeswari Temple", at Thamalerimuthur Village, Tirupattur Circle, Tirupattur District however with the following conditions:-

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(a) The cultural programme in connection with the event of "Sri Samundeeswari Temple", at Thamalerimuthur Village, Tirupattur Circle, Tirupattur District shall be conducted on 30.05.2023 between 06.00 P.M and 10.00 P.M.

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(b) The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten

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thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.

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during the performance, by anyone of the participants.

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(d) Double meaning songs should not be played so as to spoil the

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minds of students and youths.

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(e) No dance or songs, touching upon any political party or religion or

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community or caste shall be played.

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(f) No flex boards in support of any political party or communal leader,

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.14261 of 2023

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shall be erected at the premises of the programme.

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(g) The function shall not affect either religious or communal harmony

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and shall be conducted without any discrimination based on caste.

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(h) If there is violation of any one of the conditions imposed, the

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concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and

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(j) Similarly, the police is directed to stop the dance programme, if it is

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played beyond the permitted time limit.

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(k) The respondent is directed to issue necessary permission,

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incorporating the above conditions.

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With the above directions, this Writ Petition stands allowed.

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There shall be no order as to costs. Web Copy may be utilised for the purpose of execution of the Order.

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05.05.2023

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mpa Internet:Yes Index:Yes/No Speaking/Non speaking order

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.14261 of 2023

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1.The Inspector of Police, Yelagiri Malai Police Station, Tirupattur District.

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2.The Public Prosecutor High Court, Madras.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.14261 of 2023

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G.K.ILANTHIRAIYAN, J.

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mpa

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W.P.No.14261 of 2023

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05.05.2023

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

K.Raman v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Raman v. The Inspector of Police

Case brief

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