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Madras High CourtWP/15542/2016disposed of

S. Raja v. The Inspector Of Police,

2016-04-26Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.4.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.15542 of 2016 S.Raja ... Petitioner Vs.

The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District ... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent authority to give permission to conduct the cultural programme in Tha.Pottankollai Arulmigu Sri Mariamman Koil Thiruvizha, Udayarpalayam Taluk, Ariyalur District on 2.5.2016 by considering the petitioner's representation dated 21.4.2016.

For Petitioner :

Mr.A.Sathishkumar For Respondent :

Mr.V.Jayaprakash Narayanan Spl. Government Pleader

O R D E R

Seeking permission to conduct cultural programme in the event of Tha.Pottankollai Arulmigu Sri Mariamman Koil Thiruvizha, on 02.05.2016 at Udayarpalayam Taluk, Ariyalur District, the petitioner made a representation dated 21.4.2016 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 Government Advocate appearing for the respondent.

3. Learned Government Advocate, 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 Tha.Pottankollai Arulmigu Sri Mariamman Koil Thiruvizha, on 2.5.2016 at Udayarpalayam Taluk, Ariyalur District, however, with the following conditions:- (a) The cultural programme in connection with in the event of Tha.Pottankollai Arulmigu Sri Mariamman Koil Thiruvizha at Udayarpalayam Taluk, Ariyalur District shall be conducted on 02.05.2016 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar

To The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District +1 cc to Government Pleader sr.26307 +1 cc to M/s.A.Sathishkumar N.Chinnaraj Advocate sr.25985 W.P.No.15542 of 2016 aa28/04/2016