T.Thirunavukkarasu v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.08.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No. 21985 of 2017 T.Thirunavukkarasu .. Petitioner Vs The Inspector of Police, Kadaladi Police Station, Kalasapakkam, Thiruvannamalai District.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondent to grant permission to perform the program of 'Adal Padal' on 25.08.2017 night at about 8.00 pm to 12.00 am at Arulmigu Sri Vinagayagar Thirukovil is situated at Keelabalur Village, Kalapakkam Taluk, Thiruvannamalai District and to provide adequate police protection based on the petitioner's representation dated 12.08.2017.
For Petitioner : Mr.S.Bharathi For Respondent : Mr.D.Vairamoorthy, Special Government Pleader
O R D E R
Seeking permission to conduct cultural programme in the event of Arulmigu Sri Vinagayagar Thirukovil, Keelabalur Village, Kalapakkam Taluk, Thiruvannamalai District, the petitioner made a representation dated 12.08.2017 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 Arulmigu Sri Vinagayagar Thirukovil, Keelabalur Village, Kalapakkam Taluk, Thiruvannamalai District, however, with the following conditions:- (a) The cultural programme in connection with in the event of Arulmigu Sri Vinagayagar Thirukovil, Keelabalur Village, Kalapakkam Taluk, Thiruvannamalai District, shall be conducted on 25.08.2017 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 respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar
rm To
1. The Inspector of Police, Kadaladi Police Station, Kalasapakkam, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
+1cc to the Government Pleader Sr. 59976 +1cc to Mr.C.Anbu, Advocate Sr. 60081 (23.08.2017) W.P.No. 21985 of 2017 VGI(CO) VR22/8/2017)