Allowed

S.Lakshmanan v. The Inspector of Police

Madras HC4 May 2023WP/14284/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for permission to conduct a cultural programme at a temple. The court held that mere apprehension of law and order is not a ground for rejection. Permission was granted subject to conditions regarding timing, payment of a sum, content restrictions, and prohibition of discriminatory expressions.

What did the court decide?

Permission to conduct the cultural programme granted subject to payment of Rs.10,000 and compliance with conditions regarding content, timing, and prohibition of discriminatory or obscene material.

S.Lakshmanan Vs The Inspector of Police — Service and Employment | Madras HC (2023)

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W.P.No.14284 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.05.2023

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CORAM

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THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.14284 of 2023

S.Lakshmanan

... Petitioner

Vs.

The Inspector of Police, Omalur Police Station, Salem 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 to grant permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of Arulmigu Sri Mariamman Temple, Melkamandappatti Village, Omalur Taluk, Salem District on 06.05.2023 at 6.00 p.m onwards by considering the petitioner's representation dated 24.04.2023.

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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.14284 of 2023

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For Petitioner : Mr.S.Sathish 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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Arulmigu Sri Mariamman Temple, Melkamandappatti Village, Omalur

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Taluk, Salem District, the petitioner made a representation dated 28.04.2023 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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Page 2 of 6

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

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W.P.No.14284 of 2023

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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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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 Arulmigu Sri Mariamman Temple, Melkamandappatti Village, Omalur Taluk, Salem District, however with the following conditions:-

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(a) The cultural programme in connection with the event of Arulmigu Sri Mariamman Temple, Melkamandappatti Village, Omalur Taluk, Salem District , shall be conducted on 06 .05.2023 between 06.00 p.m. to 10.00 p.m.

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

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

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W.P.No.14284 of 2023

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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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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 respondent police is directed to stop the dance

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programme, if it is 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. The uploaded copy can be utilized for the purpose of execution of the Order.

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04.05.2023

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

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

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W.P.No.14284 of 2023

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1.The Inspector of Police, Omalur Police Station, Salem District.

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2.The Public Prosecutor High Court, Madras.

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

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W.P.No.14284 of 2023

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G.K.ILANTHIRAIYAN, J.

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drl

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W.P.No.14284 of 2023

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04.05.2023

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

S.Lakshmanan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

S.Lakshmanan v. The Inspector of Police

Case brief

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