M.Vinothkumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.05.2022

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH W.P.No.12930 of 2022 M.Vinothkumar .. Petitioner Vs.

The Inspector of Police, Senthamangalam Police Station, Senthamangalam, Namakkal District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Muthukapatti Village Arulmigu Sree Maha Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District on 22.05.2022 & 24.05.2022 between 06.00PM to 11.00 PM by considering the petitioner's representation dated 28.04.2022. For Petitioner :

Mr.A.Sathishkumar For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to consider the petitioner's representation dated on 28.04.2022 and to give adequate police protection in order to conduct the cultural program which is schedule to be held on 22.05.2022 and 24.05.2022 in Muthukapatti Village Arulmigu Sree Maha Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor 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, the petitioner is permitted to conduct cultural programme in the event of Muthukapatti Village Arulmigu Sree Maha Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District, however with the following conditions:- (a) The cultural programme in connection with the event of Muthukapatti Village Arulmigu Sree Maha Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District on 22.05.2022 and 24.05.2022 between 6.00 pm to 11.00 pm. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.

(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.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar rst

To

1. The Inspector of Police, Senthamangalam Police Station, Senthamangalam, Namakkal District.

2. The Public Prosecutor, High Court, Madras.

W.P.No.12930 of 2022 RR(CO) SU(19/05/2022)