T.V.Sampath v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.05.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.18035 of 2016 T.V.Sampath ... Petitioner Vs.
The Inspector of Police, Thimmampet Police Station, Vaniyambadi Taluk, Vellore 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 to grant permission to the petitioner in order to conduct the cultural and adventure programme and to give police protection which is scheduled to be held on 24.05.2016 in Sri Tirupati Gangaiyamman Temple situated at Thimmampet Village and Post, Thimmampet, Vaniyambadi Taluk, Vellore District-635 801.
For Petitioner :
Mr.D.Jagadeesan For Respondent :
Mr.P.Sanjay Gandhi, Special Government Pleader
O R D E R
Seeking permission to conduct cultural programme in the event of ''Sri Tirupati Gangaiyamman Temple Thiruvizha'' at Thimmampet Village and Post, Thimmampet, Vaniyambadi Taluk, Vellore District-635 801 on 24.05.2016, the petitioner made a representation dated 14.05.2016 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 Special Government Pleader appearing for the respondent.
3. Learned Special Government Pleader, 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 '''Sri Tirupati Gangaiyamman Temple Thiruvizha'' at Thimmampet Village and Post, Thimmampet, Vaniyambadi Taluk, Vellore District-635 801, however, with the following conditions:- (a) The cultural programme in the event of '''Sri Tirupati Gangaiyamman Temple Thiruvizha'' at Thimmampet Village and Post, Thimmampet, Vaniyambadi Taluk, Vellore District-635 801, shall be conducted on 24.05.2016 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.
tsi -s/d- Assistant Registrar(CS-II)/ Vacation Officer True Copy Sub-Assistant Registrar
To The Inspector of Police, Thimmampet Police Station, Vaniyambadi Taluk, Vellore District.
+ 1 cc to Mr.D.Jagadeesan, Advocate SR 28422 pa(co) prk20/5 W.P.No.18035 of 2016