D.Sivakumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.08.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No.21335 of 2017 D.Sivakumar .. Petitioner Vs 1.The Superintendent of Police, The Office of the Superintendent of Police, Cuddalore, Cuddalore District.
2.The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents to grant permission and protection for the cultural program (Orchestra and dancing) in Sree Silambiamman Aalayam situated at Silambimangalam Village, Puvanagiri Taluk, Cuddalore District in which planned to be held on 11.08.2017. For Petitioner : Mr.M.Samuel Raja For Respondents : Mr.D.Vairamoorthy, Special Government Pleader
O R D E R
Seeking permission to conduct cultural programme in the event of Sree Silambiamman Aalayam situated at Silambimangalam Village, Puvanagiri Taluk, Cuddalore District, the petitioner made a representation dated 30.07.2017 to the 2nd 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 respondents.
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 Sree Silambiamman Aalayam situated at Silambimangalam Village, Puvanagiri Taluk, Cuddalore District, however, with the following conditions:- (a) The cultural programme in connection with in the event of Sree Silambiamman Aalayam situated at Silambimangalam Village, Puvanagiri Taluk, Cuddalore District, shall be conducted on 11.08.2017 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar cgi/smi To 1.The Superintendent of Police, The Office of the Superintendent of Police, Cuddalore, Cuddalore District.
2.The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Samuel Raja, Advocate in sr.no.57686 W.P.No.21335 of 2017 SKV(CO) NR 10/08/2017