C.Kanagaraj v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.05.2016
CORAM
THE HON'BLE Mr.JUSTICE N. KIRUBAKARAN W.P.No.17839 of 2016 C.Kanagaraj ... Petitioner Vs.
1.The Superintendent of Police, Vellore District.
2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellur District.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to grant permission for conducting rural artistic and cultural entertainment programme on 25.05.2016 during "Amman Thiruvizha" at Sri Mahasakthi Mariamman Thirukovil, Eriyur Village, Malappalli, Natrampalli Taluk, Vellore District, within a time frame as may be fixed by this Court. For Petitioner :
Mr.R.Veeramani For Respondents :
Mr.P.V.Selvakumar
O R D E R
Seeking permission to conduct cultural programme on 25.05.2016 at at Sri Mahasakthi Mariamman Thirukovil, Eriyur Village, Malappalli, Natrampalli Taluk, Vellore District, the petitioner made a representation dated 05.05.2016 to the respondents. As the same has not been considered, the present Writ Petition has been filed.
2. Heard Mr.R.Veeramani, the learned counsel appearing for the petitioner and Mr.P.V.Selvakumar, the learned standing counsel appearing for the respondents.
3. Mr.P.V.Selvakumar, the learned standing counsel appearing for the respondents, on instructions, would submit that there is likelihood of 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 on 25.05.2016 at Sri Mahasakthi Mariamman Thirukovil, Eriyur Village, Malappalli, Natrampalli Taluk, Vellore District, however, with the following conditions:- (a)The cultural programme in connection with temple Festival at Sri Mahasakthi Mariamman Thirukovil, Eriyur Village, Malappalli, Natrampalli Taluk, Vellore District, be held on 25.05.2016 between 06.00 p.m and 10.30 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 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. (i)The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Vacation Officer.
/true copy/ Sub Asst. Registrar.
gm
To 1.The Superintendent of Police, Vellore District.
2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellur District.
+1cc to Mr.R.Veeramani, Advocate SR.No.28339 W.P.No.17839 of 2016 ev[co] gp/23.5