M.Murugesan, v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.05.2017
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12213 of 2017 M.Murugesan ... Petitioner Vs The Inspector of Police, Nadur Police Station, Dharmapuri District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondent authority to give Permission to conduct the ADALPADAL [KalaiNegalchi] at Sennamal Nagar Arulmegu Sri Muthu Mariamman Kovil festival on 18.05.2017 by Considering petitioner's representation date 04.05.2017 at, No.13/1, Ranganatha Nagar, Dharmapuri Main Road, Pommidi post, B-Mallapuram, Dharmapuri District.
For Petitioner : Mr.V.Ravichandran For Respondent : Mr.A.N.Thambidurai, Spl.GP
O R D E R
Seeking permission to conduct cultural programme in the event of Sennal Nagar Arulmegu Sri Muthu Mariamman Kovil festival , situated at No.13/1, Ranganatha Nagar, Dharmapuri Main Road, Pommidi post, B-Mallapuram, Dharmapuri District, on 18.05.2017, the petitioner made a representation dated 04.05.2017 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 Sennal Nagar Arulmegu Sri Muthu Mariamman Kovil festival , situated at No.13/1, Ranganatha Nagar, Dharmapuri Main Road, Pommidi post, BMallapuram, Dharmapuri District, on 18.05.2017, however, with the following conditions:- (a) The cultural programme in connection with in the event of Sennal Nagar Arulmegu Sri Muthu Mariamman Kovil festival , situated at No.13/1, Ranganatha Nagar, Dharmapuri Main Road, Pommidi post, B-Mallapuram, Dharmapuri District, shall be conducted on 18.05.2017 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 respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar
gya/ars To 1.The Inspector of Police, Nadur Police Station, Dharmapuri District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.Ravichandran, Advocate Sr.37252 WP.No.12213 of 2017 nm[co] srg 12/05/2017