Madras High Court: In a writ petition filed under Article 226 of the Constitution of India seeking to annul the proceedings and to direct the Police to give permission for conducting music and dance programme during the festival time on 18-05-2024 , the Single Judge K. Kumaresh Babu, J., while setting aside the impugned order, directed the Police to grant protection for conducting dance and music in accordance with law.
Background:
The petitioner’s application to hold the temple festival was denied by the impugned order. The rationale provided by the Police in the order was enforcement of the model code of conduct, given the context of the forthcoming general parliamentary election. Consequently, the petitioner filed the present writ petition to quash the impugned order and issue necessary directions.
Court’s order:
The Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.
The Court held that the order issued by the police lacks legal grounds, and consequently, directs the Police to provide security for the organization of dance and music events in accordance with the law.
[S.Kesavan v. Inspector of Police, 2024 SCC OnLine Mad 1377, Order dated: 09-05-2024]
Advocates who appeared in this case :
Counsel of Petitioner: Advocate P. Sivamani
Counsel of Respondents: Government Advocate L.Baskaran
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