T. Govindan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.14822 of 2016 T.Govindan ... Petitioner vs.
The Inspector of Police, Pargur Police Station, Krishnagiri District.
... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondent authority to give permission to conduct the cultural programme in Kottur Arulmighu Sri Mariamman Koil Thiruvizha on 1.5.2016 at Pargur Taluk, Krishnagiri District, by considering the petitioner representation dated 18.4.2016. For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mrs.M.E.Rani Selvam, 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 1.5.2016 at Kottur Arulmighu Sri Mariamman Koil, Pargur Taluk, Krishnagiri District, the petitioner made a representation dated 18.4.2016 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 program on 1.5.2016 at Kottur Arulmighu Sri Mariamman Koil, Pargur Taluk, Krishnagiri District, however, with the following conditions:- (a) The cultural program in connection with temple Festival at Kottur Arulmighu Sri Mariamman Koil, Pargur Taluk, Krishnagiri District, to be held on 1.5.2016 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. sbi s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar
To The Inspector of Police, Pargur Police Station, Krishnagiri District.
+ 1 cc to Mr.Murugan Raja, Advocate, SR 25128 + 1 cc to Govt.Pleader, High Court, Madras SR 25436 mg(co) prk27/4 W.P.No.14822 of 2016