G.Satheesh v. The Superintendent 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.12954 of 2022 G.Satheesh

...Petitioner

Vs.

1.The Superintendent of Police, Vellore, Vellore District - 632 012.

2.The Inspector of Police, Veppankuppam Police Station, Anaicut Taluk, Vellore District - 632 107. ...Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 26.05.2022 at 06.00PM to 11.00PM at "Sri Gangaiyamman Temple Festival" Tholapalli Village, Tholapalli Post, Anaicut Taluk, Vellore District by consider and pass orders on the representation dated 05.05.2022 made by the petitioner.

For Petitioner :

Mr.R.Suryakumaran For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 26.05.2022 at 06.00PM to 11.00PM at "Sri Gangaiyamman Temple Festival" Tholapalli Village, Tholapalli Post, Anaicut Taluk, Vellore District by consider and pass orders on the representation dated 05.05.2022 made by the petitioner.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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 "Sri Gangaiyamman Temple Festival" Tholapalli Village, Tholapalli Post, Anaicut Taluk, Vellore District however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Gangaiyamman Temple Festival" Tholapalli Village, Tholapalli Post, Anaicut Taluk, Vellore District on 26.05.2022 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions.

5. With the above directions, this Criminal Original Petition stands allowed.

-s/dAssistant Registrar //True Copy// Sub-Assistant Registrar jas To 1.The Superintendent of Police, Vellore, Vellore District - 632 012.

2.The Inspector of Police, Veppankuppam Police Station, Anaicut Taluk, Vellore District - 632 107.

3.The Public Prosecutor, High Court, Madras.

W.P.No.12954 of 2022 SSD(CO) RN(23/05/2022)