Disposed

C.Balu v. The Inspector of Police

Madras HC8 Jun 2023WP/17011/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner urged the High Court to direct the police to grant permission and protection for a cultural event linked to a temple festival. The court highlighted a circular requiring permission decisions within seven days and deemed permission granted if silent, but disposed of the matter by reiterating these directions rather than issuing a specific decree.

What did the court decide?

Petition disposed of; no costs. Petitioner to proceed following conditions in the circular if permission not explicitly granted.

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

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W.P.No.17011 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.06.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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W.P.No.17011 of 2023

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G.Balu ...Petitioner

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Vs.

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The Inspector of Police, Veeraganur Police Station, Salem District. ...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 to grant permission and police protection to conduct the cultural event viz. Adal Padal (Song and Dance) program to be held on 15.07.2023 at 6.00 pm onwards in connection with the Temple Festival of Arulmigu Sri Ponniamman Temple Veeraganur Village Thalaivasal Taluk Salem District by considering the petitioners representation dated 03.06.2023

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For Petitioner : Mr.S.Sathish

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For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis _________ Page 1 of 7_

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W.P.No.17011 of 2023

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ORDER

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The Writ Petition has been filed for seeking direction to the

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respondent to grant permission and police protection to conduct the cultural event viz. Adal Padal (Song and Dance) program to be held on 15.07.2023 at 6.00 pm onwards in connection with the Temple Festival of Arulmigu Sri Ponniamman Temple Veeraganur Village Thalaivasal Taluk Salem District by considering the petitioners representation dated 03.06.2023

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2.The learned counsel appearing for the petitioner submitted that in order to conduct the cultural programme in the event of Temple Festival of Arulmigu Sri Ponniamman Temple Veeraganur Village Thalaivasal Taluk Salem District on 15.07.2023 at 06.00 PM to 11.00 PM, the petitioner has sent a representation dated 03.06.2023 to the respondent police. But, the same has not been considered so far. Hence, the present writ petition has been filed.

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3.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the respondent police has received the representation of the petitioner and the same is pending for consideration.

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I have considered the submission of the learned counsel appearing

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

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Page 2 of 7

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W.P.No.17011 of 2023

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for the petitioner and the learned Government Advocate (Crl.side) appearing

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for the respondent police.

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It is brought to the notice of this Court that the Director General of

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Police, Tamil Nadu, Chennai, had issued a Circular Memorandum in Rc.03316/General.I(1)/2023, dated 01.06.2023, along with instructions to the Superintendents of Police in Districts and their subordinate officers throughout Tamil Nadu for granting permission for conducting cultural programme. As per this circular and guidelines issued by the Director General of Police, the concerned Police officer has to either grant or reject the permission sought, for conducting Aadal Paadal programme and Karakattam programme during temple festival within 7 days from the date of receipt of representation. If permission is not granted within a period of 7 days from the date of receipt of petitioner's representation, it is deemed that permission is granted on the 8^th day and petitioner can proceed with the celebration of Aadal Paadal programme and Karakattam programme during the temple festival, subject to, following the conditions laid down in the Circular Memorandum.

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For an easy understanding, relevant portion of Circular is extracted

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

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W.P.No.17011 of 2023

hereunder,

“...

2)The Hon'ble High Court of Madras in W.P.No.(MD).No.12535/2023 dated 24.05.2023 have issued the following directions to all the Superintendents of Police in Districts and their subordinate officers for granting permission for “Aadal Paadal Programme and Karakattam Programme”

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a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Aadal Paadal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;

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(b)On such deemed permission, the organizers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

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(c)The program shall not extend beyond 10 p.m.;

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(d)No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;

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(e)The music that shall be used shall be in sync with the

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

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Page 4 of 7

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W.P.No.17011 of 2023

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precincts of the temple and double meaning songs should not be played;

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(f)There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;

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In case of violation of any conditions, action has to be initiated as required under law and the persons who are the organisers/committee members shall be held responsible.

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3) Therefore, the Station House Officers should examine the request of the petitioner thoroughly and take steps, either to grant permission or reject permission within 7 days without fail.

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4) All the Commissioners of Police in cities and all the Superintendents of Police in Districts are hereby instructed to sensitize the Station House Officers under their control on these instructions. They will also ensure their instructions are complied with, in letter and spirit. Any violation will be viewed adversely and appropriate disciplinary action should be initiated against the delinquent Station House Officers.”

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In such circumstances, this Court is of the view that, if permission

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is not granted to conduct Aadal Paadal programme and Karakattam programme during temple festival within 7 days from the date of receipt of representation by the petitioner, petitioner can proceed with the celebration

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

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Page 5 of 7

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W.P.No.17011 of 2023

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of Aadal Paadal programme and Karakattam programme during temple festival by following the conditions laid down in the Circular Memorandum in Rc.03316/General.I(1)/2023, dated 01.06.2023.

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With the above direction, this Writ Petition is disposed of. No

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costs.

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08.06.2023

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Index :Yes/No Internet :Yes/No sma

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The Inspector of Police, Veeraganur Police Station, Salem District.

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2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

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

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_________ Page 6 of 7_

W.P.No.17011 of 2023

sma

W.P.No.17011 of 2023

08.06.2023

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

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_________ Page 7 of 7_

C.Balu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

C.Balu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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