Allowed

C.Murugan, v. The Inspector of Police

Madras HC17 May 2023WP/15688/2023

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's writ petition seeking permission to conduct a cultural programme during a temple festival. Dismissing the respondent's claim of law and order risks without material proof, the court granted permission subject to strict conditions regarding time limits, content neutrality, and no political or communal elements, permitting the programme to proceed.

What did the court decide?

Permission granted to conduct the cultural programme on 23.05.2023 between 06.00 PM and 10.00 PM subject to conditions regarding conduct, content, and time.

C.Murugan, Vs The Inspector of Police — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.No.15688 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.05.2023

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CORAM

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THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN

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W.P.No.15688 of 2023

C.Murugan

... Petitioner

Vs.

The Inspector of Police, Umarabath Police Station, Umarabath, Tirupathur 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 give permission and police protection to conduct cultural programme (Adal Padal Nigalchi) in the event of Chinna Venkatasamuthiram Village Arulmigu Sree Tirupathi Gengaiyamman Temple Festival at Ambur Taluk, Tirupathur District on 23.05.2023 between 06.00 PM to 11.00 PM by considering the petitioner's representation dated 12.05.2023.

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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.15688 of 2023

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For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.S.Vinoth Kumar, 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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Chinna Venkatasamuthiram Village Arulmigu Sree Tirupathi

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Gengaiyamman Temple Festival at Ambur Taluk, Tirupathur District the petitioner made a representation dated 12.05.2023 to the respondent. As the

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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.15688 of 2023

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A mere apprehension cannot be a ground to reject the 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 Chinna Venkatasamuthiram Village Arulmigu Sree Tirupathi Gengaiyamman Temple Festival at Ambur Taluk, Tirupathur District however with the following conditions:-

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(a) The cultural programme in connection with the event of Chinna Venkatasamuthiram Village Arulmigu Sree Tirupathi Gengaiyamman Temple Festival at Ambur Taluk, Tirupathur District shall be conducted on 23.05.2023 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 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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(c) 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) Double meaning songs should not be played so as to spoil the minds of students and youths.

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(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.

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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.15688 of 2023

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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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(i) 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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(j) The respondent is directed to issue necessary permission, 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 Web copy can be utilised for the

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purpose of execution of the Order.

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17.05.2023

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rna 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.15688 of 2023

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1.The Inspector of Police, Umarabath Police Station, Umarabath, Tirupathur 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.15688 of 2023

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A.A.NAKKIRAN, J.

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rna

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W.P.No.15688 of 2023

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17.05.2023

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Page 6 of 6

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

C.Murugan, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

C.Murugan, v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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