J.Ravikumar, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.05.2017
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12344 of 2017 J.Ravikumar .. Petitioner Vs
1. The Superintendent of Police, Velur District, Velur.
2. The Inspector of Police, Vepankuppam Police Station, Ambur Taluk Velur District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the first and second respondents to consider and pass orders on the application dated 04.05.2017 made by the petitioner which the time frame as may be fixed by this Hon'ble Court, much before the fixed programme which is to be held on 25.05.2017. For Petitioner : Mr.S.Mayilnathan For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader
O R D E R
Seeking permission to conduct cultural programme in the event of Gangai Amman and Kaliamman Temple Festival, at Ellappanpatti Village, Agaram Post, Ambur Taluk, Velur District on 25.05.2017, the petitioner made a representation dated 04.05.2017 to the respondents. 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 Additional Government Pleader appearing for the respondents.
3. Learned Additional 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 Gangai Amman and Kaliamman Temple Festival, at Ellappanpatti Village, Agaram Post, Ambur Taluk, Velur District on 25.05.2017, however, with the following conditions:- (a) The cultural programme in connection with in the event of Gangai Amman and Kaliamman Temple Festival, at Ellappanpatti Village, Agaram Post, Ambur Taluk, Velur District, shall be conducted on 25.05.2017 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 respondents are directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Asst.Registrar (V.O ) /true copy/ Sub Asst. Registrar gya/ars To:
1. The Superintendent of Police, Vellore District,Vellore.
2. The Inspector of Police, Vepankuppam Police Station, Ambur Taluk Vellore District.
3. The Public Prosecutor, High Court, Madras +1cc to Mr.Mayilnathan,Advocate sr.37129 WP.No.12344 of 2017 sv1(co) ss(12/5/2017)