M.Kulathai Gounder, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.12188 of 2016 M.Kulanthai Gounder ... Petitioner vs.
The Inspector of Police, Jollarpettai Police Station, Thiruppattur Taluk, Vellore District.
... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to give permission to the petitioner to conduct a cultural program scheduled to be held on 21.4.2016 at Shri Samundiswari Temple, Thamalerimuthur Post and Village, Thiruppattur Taluk, Vellore District by considering the petitioner's representation dated 24.3.2016.
For Petitioner :
Mr.Satheesh For Respondent :
Mr.S.Navaneethan, Addl. Govt. Pleader
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. Seeking permission to conduct cultural program on 21.4.2016 at Shri Samundiswari Temple, Thamalerimuthur Post and Village, Thiruppattur Taluk, Vellore District, the petitioner made a representation dated 24.3.2016 to the respondent. As the same has not been considered so far, the present writ petition has been filed.
3. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondent.
4. Learned Additional Government Pleader, on instructions, would submit that there is likelihood of law and order problem.
5. A mere apprehension cannot be a ground to reject the representation of the petitioner. 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.
6. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme on 21.4.2016 at Shri Samundiswari Temple, Thamalerimuthur Post and Village, Thiruppattur Taluk, Vellore District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at Shri Samundiswari Temple, Thamalerimuthur Post and Village, Thiruppattur Taluk, Vellore District, to be held on 21.4.2016 between 06.00 p.m. to 10.30 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogue during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste be played.
(e) No flex boards in support of any political party or communal leader be erected.
(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is any violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.
Further, the respondent is directed to issue necessary permission, incorporating the above conditions. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Inspector of Police, Jollarpettai Police Station, Thiruppattur Taluk, Vellore District.
+1 cc to Mr.Satheesh Advocate sr.20763 +1 cc to Government Pleader sr.20937 W.P.No.12188 of 2016 aa04/04/2016