Writ petition challenging police order denying permission for a cultural dance program during a temple festival. Court found no illegality in declining permission due to genuine law and order concerns arising from past youth fights.
Petitioner's prayer to quash the impugned order and direct permission for the program was denied.
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W P.No.19222 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
WP.No.19222 of 2024
P.Kesavan
... Petitioner
Vs.
1. The State of Tamilnadu Rep.by The Inspector of Police, Umarabad Police Station, Umarabad, Thirupathur (District)
2. The Deputy Superintendent of Police, Ambur, DSP Office, Ambur, Thirupathur(District) ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 04.07.2024 issued by the 1st respondent and quash the same as arbitrary, unconstitutional and against law and consequently, direct the 1st respondent authority to give permission to conduct the cultural dance program on 11.07.2024 at 06 to 10 at Sri Mariamman Temple Festival Peiya Malaiyambattu Village, Thennambattu Post, Ambur Taluk, Thirupathur District-635 802.
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For Petitioner : Mr.S.Pachaiyappan For Respondents : Mr. S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
This Writ Petition is filed challenging the order of the first
respondent declining permission to conduct cultural programme on 11.07.2024 in connection with Mariamman Temple Festival at Malayambattu Village.
2. The impugned order reveals that on earlier occasions, when permission for cultural programme in temple festival permitted and young youths from other villages have participated in the programme and led to fight between the youths of the local village and the neighbouring village causing law and order problem. The reasons given by the first respondent for declining permission appears to be genuine and the issue taking into consideration, the law and order situation prevailing.
3. Cultural Programme like dance and music does not form part of any religious penance. Therefore, only subject to prevailing law and order situation, permission can be granted not otherwise. Here it is explicitly mentioned in the impugned order that grant of permission may
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lead to disturbance to public peace.
4. This Court finds no illegality in the said order to interfere.
Hence, this writ petition is dismissed. N o order as to costs.
11.07.2024
Vv
To
1. The Inspector of Police, Umarabad Police Station, Umarabad, Thirupathur (District)
2. The Deputy Superintendent of Police, Ambur, DSP Office, Ambur, Thirupathur(District)
Dr.G.JAYACHANDRAN,J.
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Vv
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11.07.2024
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2 issues framed by the court
Whether the refusal of permission to conduct a cultural dance program due to law and order concerns is arbitrary and unconstitutional.
Whether a cultural program forms part of religious penance requiring different permissions.
1 provisions across 1 enactments
P. Kesavan
Inspector of Police, Umarabad Police Station
Deputy Superintendent of Police, Ambur
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
