A. Venkatesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.13610 of 2016 A.Venkatesh ... Petitioner Vs.

The Inspector of Police, Ethapur Police Station, Salem 636 117.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to grant permission and protection to conduct cultural program (dance & Music program) in Pudupatti Shri Mariyamman Kovil situated at No.253, Therukku Kadu, Chinna Krishnapuram, Pethanaickenpalayam Taluk, Salem-636 115, scheduled to be held on 13.04.2016 from 7.00pm to 11.00pm. For Petitioner :

Mr.N.Desinghu For Respondent :

Mrs.P.Rajalakshmi, GA

ORDER

Seeking permission to conduct cultural programme in the event of Pudupatti Shri Mariyamman Kovil on 13.04.2016 at No.253, Therukku Kadu, Chinna Krishnapuram, Pethanaickenpalayam Taluk, Salem-636 115, the petitioner made a representation dated 06.04.2016 to the respondent. As the same has not been considered, the present writ petition has been filed. 2.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3.

Learned Government Advocate, on instructions, would submit that there is likelihood of arising law and order problem. 4.

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 granted. In such view of the matter,

the writ petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Pudupatti Shri Mariyamman Kovil on 13.04.2016 at No.253, Therukku Kadu, Chinna Krishnapuram, Pethanaickenpalayam Taluk, Salem-636 115, however, with the following conditions:- (a) The cultural programme in connection with the event of Pudupatti Shri Mariyamman Kovil at No.253, Therukku Kadu, Chinna Krishnapuram, Pethanaickenpalayam Taluk, Salem-636 115, shall be conducted on 13.04.2016 between 06.00 p.m. and 11.00 p.m. (b)There should not be any kind of obscene dance or vulgar dialogues 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 shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) If there is 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 forthwith; and (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

rk Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

To The Inspector of Police, Ethapur Police Station, Salem 636 117.

+1 cc to Government Pleader SR NO 23204[9/6/16] + 1 cc to Mr.N.Desingu, Advocate SR 22918 gj(co) prk12/4 W.P.No.13610 of 2016