T.Elamugil v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 8323 of 2025 and W.M.P.No.9330 of 2025 T.Elamugil ...
Petitioner Vs.
The Sub Inspector of Police, Cuddalore Port Police Station, Cuddalore Port, Cuddalore District.
...
Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to call for the records of the respondent dated 01.03.2025 and quash the same and consequently directing the respondent to grant permission and police protection to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Sonankuppam Village Arulmighu Venkatesaperumal Temple Festival at Cuddalore Taluk, Cuddalore District on 13.03.2025 between 6.00 p.m. and 11.00 p.m.
For Petitioner :
Mr. A.Sathishkumar For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Sonankuppam Village Arulmighu Venkatesaperumal Temple Festival at Cuddalore Taluk, Cuddalore District, the petitioner made a representation dated 27.02.2025 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.
3. The learned Additional Public Prosecutor, 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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Sonankuppam Village Arulmighu Venkatesaperumal Temple Festival at Cuddalore Taluk,
Cuddalore District, however with the following conditions:- (a) The cultural programme in connection with the event of Sonankuppam Village Arulmighu Venkatesaperumal Temple Festival at Cudalore Taluk, Cuddalore District shall be conducted on 13.03.2025 between 06.00 p.m. and 11.00 p.m.
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further. (c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed. The uploaded copy can be utilised for the purpose of execution of the Order. Consequently, connected miscellaneous petition is closed. 10.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp Note :- Issue order copy today i.e., on 10.03.2025 To
1. The Sub Inspector of Police, Cuddalore Port Police Station, Cuddalore Port, Cuddalore District.
2.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp W.P.No. 8323 of 2025 and W.M.P.No.9330 of 2025 10.03.2025