Allowed

K.Suresh v. The Inspector of Police

Madras HC17 May 2023WP/15752/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking permission and police protection to conduct a cultural event during a temple festival. The Court rejected the respondent's claim of likelihood of law and order problems and granted permission subject to specific conditions regarding conduct, time, fees, and content.

What did the court decide?

The writ petition was allowed; permission to conduct the cultural program was granted subject to conditions regarding time, fees, conduct, and prohibition of obscene or political content.

K.Suresh Vs The Inspector of Police — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.No.15752 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.15752 of 2023

K.Suresh

... Petitioner

Vs.

The Inspector of Police, Deevadipatti Police Station, Akraharam, 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 the cultural event viz. Adal padal (Song and Dance) program to be held on 24.05.2023 at 06.00 P.M. onwards in connection with the Temple Festival of Arulmigu Sri Mariamman Temple, Dasanur, Kongupatti Village, Kadaiyambatti Taluk, Salem District by considering the petitioner's representation dated 13.05.2023.

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For Petitioner : Mr.S.Sathish

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For Respondent : Mr.S.Vinoth Kumar, GA (Crl.Side)

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Page 1 of 5

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

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W.P.No.15752 of 2023

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ORDER

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Seeking permission to conduct cultural programme in the event of festival at Arulmigu Sri Mariamman Temple, Dasanur, Kongupatti Village, Kadaiyambatti Taluk, Salem District, the petitioner made a representation dated 13.05.2023 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 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 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

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Page 2 of 5

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

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W.P.No.15752 of 2023

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granted. In such view of the matter, the petitioner is permitted to conduct

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cultural programme in the event of festival at Arulmigu Sri Mariamman Temple, Dasanur, Kongupatti Village, Kadaiyambatti Taluk, Salem

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District , however, with the following conditions:-

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(a) The cultural programme in connection with the event of festival at

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Arulmigu Sri Mariamman Temple, Dasanur, Kongupatti Village, Kadaiyambatti Taluk, Salem District shall be conducted on 24.05.2023 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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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

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Page 3 of 5

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

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W.P.No.15752 of 2023

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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 Police 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 Web copy can be utilized for the 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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1.The Inspector of Police, Deevadipatti Police Station, Akraharam, Salem District.

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2.The Public Prosecutor High Court, Madras.

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Page 4 of 5

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

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W.P.No.15752 of 2023

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A.A.NAKKIRAN, J.

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rna

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W.P.No.15752 of 2023

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17.05.2023

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Page 5 of 5

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

K.Suresh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Suresh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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