S.Shankar 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.12995 of 2022 S.Shankar ... Petitioner Vs.
The Inspector of Police, Kandhili Police Station, Tirupathur District.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to grant permission and police protection to conduct the cultural event viz. Adal Padal (Song and Dance) program to be held on 01.06.2022 at 6.00 pm onwards in connection with the Temple Festival of Arulmigu Sri Mariamman Temple Kunichi Mottur Village, Tirupathur Taluk, Thirupathur District by considering the petitioner's representation dated 09.05.2022.
For Petitioner :
Mr. S.Sathish For Respondent :
Mr. E.Raj Thilak Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondent to give permission to conduct the cultural and dance program in the event of the festival of Arulmigu Sri Mariamman Temple at Kunichi Mottur Village, Tirupathur Taluk, Thirupathur District, on 01.06.2022 at 6.00 p.m. onwards based on the petitioner's representation dated 09.05.2022 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 Arulmigu Sri Mariamman Temple at Kunichi Mottur Village, Tirupathur Taluk, Thirupathur District, however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sri Mariamman Temple at Kunichi Mottur Village, Tirupathur Taluk, Thirupathur District is permitted to be conducted on 01.06.2022 between 06.00 p.m. and 11.00 p.m. (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. No costs.
Sd/- Vacation Officer //True Copy// Sub Assistant Registrar mkn/dk
To 1.The Inspector of Police, Kandhili Police Station, Tirupathur District.
2.The Public Prosecutor, High Court, Madras.
W.P. No.12995 of 2022 KV (CO) PR (25/05/2022)