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Madras High CourtWP/12612/2017disposed of

T.Govindasamy Reddy, v. The Inspector Of Police

2017-05-12Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.05.2017

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12612 of 2017 T.Govindasamy Reddy .. Petitioner Vs The Inspector of Police, D-4, R.K.Pet Police Station, Tiruvallur 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 the petitioner to conduct cultural programme in Arulmigu Throwbathi Amman Temple, Raja Nagaram East Village & Post, R.K.Pet Union, Pallipattu Taluk, Thiruvallur District by considering petitioner's representation dated 09.05.2017.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

Seeking permission to conduct cultural programme in the event of cultural programme in Arulmigu Throwbathi Amman Temple, Raja Nagaram East Village & Post, R.K.Pet Union, Pallipattu Taluk, Thiruvallur District the petitioner made a representation dated 09.05.2017 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 https://hcservices.ecourts.gov.in/hcservices/

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 Arulmigu Throwbathi Amman Temple, Raja Nagaram East Village & Post, R.K.Pet Union, Pallipattu Taluk, Thiruvallur District however, with the following conditions:- (a) The cultural programme in Arulmigu Throwbathi Amman Temple, Raja Nagaram East Village & Post, R.K.Pet Union, Pallipattu Taluk, Thiruvallur District shall be conducted on 14.05.2017 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar smi To

1. The Inspector of Police, D-4, R.K.Pet Police Station, Tiruvallur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan,Advocate sr.37392 WP.No.12612 of 2017 ks(co) ss(12/5/2017) https://hcservices.ecourts.gov.in/hcservices/