V. Kaliappan 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.14945 of 2016 V.Kaliappan ... Petitioner vs.
The Inspector of Police, Veeranam Police Station, Veeranam, Salem 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 program in D.Perumapalayam Arulmigu Sri Sakthi Mariamman and Sri Rajakaliamman Koil Thiruvizha, Salem Taluk, Salem District, on 27.4.2016 by considering the petitioner's representation dated 16.4.2016.
For Petitioner :
Mr.A.Sathishkumar For Respondent :
Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. Seeking permission to conduct cultural program on 27.4.2016 at D.Perumapalayam Arulmigu Sri Sakthi Mariamman and Sri Rajakaliamman Koil, Salem Taluk, Salem District, the petitioner made a representation dated 16.4.2016 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 Special Government Pleader, who has taken notice on behalf of the respondent.
4.
Learned Special 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 27.4.2016 at D.Perumapalayam Arulmigu Sri Sakthi Mariamman and Sri Rajakaliamman Koil, Salem Taluk, Salem District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at D.Perumapalayam Arulmigu Sri Sakthi Mariamman and Sri Rajakaliamman Koil, Salem Taluk, Salem District, to be held on 27.4.2016 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(CCC) True Copy Sub-Assistant Registrar
To The Inspector of Police, Veeranam Police Station, Veeranam, Salem District.
+ 1 cc to M/s.A.Sathish Kumar, Advocate SR 25028 + 1 cc to Govt.Pleader SR 25382 sns(co) prk25/4 W.P.No.14945 of 2016