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Madras High CourtWP/14129/2016disposed of

T.Kuppan v. The Inspector Of Police

2016-04-18Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14129 of 2016 T.Kuppan ... Petitioner Vs.

The Inspector of Police, Bargur Police Station, Bargur, Krishnagiri District.

... 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 scheduled to be held on 04.05.2016 "Shri Mariamman Temple" at No.10, Durai's Nagar, Bargur Village, Bargur Taluk, Krishnagiri District, by considering the petitioner representation dated 11.04.2016. For Petitioner :

Mr.Satheesh For Respondent :

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

Seeking permission to conduct cultural programme in the event of Shri Mariamman Temple on 04.05.2016 at No.10, Durai's Nagar, Bargur Village, Bargur Taluk, Krishnagiri District, the petitioner made a representation dated 11.04.2016 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 Special Government Pleader appearing for the respondent.

3.

Learned Special Government Pleader, 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 Shri Mariamman Temple on 04.05.2016 at No.10, Durai's Nagar, Bargur Village, Bargur Taluk, Krishnagiri District, however, with the following conditions:- (a) The cultural programme in connection with the event of Shri Mariamman Temple at No.10, Durai's Nagar, Bargur Village, Bargur Taluk, Krishnagiri District, shall be conducted on 04.05.2016 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.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To The Inspector of Police, Bargur Police Station, Bargur, Krishnagiri District.

+1cc to Mr.Satheesh Maheswari, Advocate, S.R.No.24007 +1cc to the Government Pleader, S.R.No.24170 W.P.No.14129 of 2016 bvr(CO) srg(20/04/2016)