N.Raja v. The Assistant Commissioner 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.13015 of 2022 N.Raja ... Petitioner Vs.
1.The Assistant Commissioner of Police, Kuniyamathur, Coimbatore City.
2.The Inspector of Police, Kuniyamathur Police Station, Coimbatore.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, prayed to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 01.06.2022 at 08.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmigu Muthumariamman Kovil, B.K.Pudur, Kuniyamathur, Coimbatore as per representation letter given on 09.05.2022. For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This writ petition has been filed to direct the respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 01.06.2022 at 08.00 pm to 11.00 pm in connection with "Thiru Vizha" of Arulmigu Muthumariamman Kovil, B.K.Pudur, Kuniyamathur, Coimbatore as per representation letter given on 09.05.2022.
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 https://hcservices.ecourts.gov.in/hcservices/
event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of Arulmigu Muthumariamman Kovil situated at B.K.Pudur, Kuniyamathur, Coimbatore, however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Muthumariamman Kovil situated at B.K.Pudur, Kuniyamathur, Coimbatore on 01.06.2022 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 Writ Petition stands allowed.
Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar sp To 1.The Assistant Commissioner of Police, Kuniyamathur,Coimbatore City.
2.The Inspector of Police, Kuniyamathur Police Station,Coimbatore.
3.The Public Prosecutor,High Court, Madras.
W.P.No.13015 of 2022 EV(CO) A.SK(25/05/2022) https://hcservices.ecourts.gov.in/hcservices/