T.R.Kamaraj v. 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.18101 of 2016 T.R. Kamaraj ..Petitioner Vs.

The Inspector of Police, D5, Pallipattu Police Station, Pallipattu Taluk, Tiruvallur District.

..Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondent authority to consider the representation dated 13.05.2016 in seeking permission and protection to conduct cultural programme in Arulmigu Kengaiamman Tirukoil at Kumararajipettai Village & Post, Pallipattu Taluk, Tiruvallur District, scheduled to be held on 01.06.2016 from 7p.m to 10p.m.

For Petitioner ::

Mr.D. Thirumoorthy For Respondent ::

Mr.P. Sanjay Gandhi, Addl. Govt. Pleader

O R D E R

Seeking permission to conduct cultural programme in the event of temple festival at Arulmigu Kengaiamman Tirukoil at Kumararajipettai Village & Post, Pallipattu Taluk, Tiruvallur District, on 01.06.2016, the petitioner made a representation dated 13.05.2016 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 Additional Government Pleader appearing for the respondent.

3.

Learned Additional Government Pleader, on instructions, would submit that there is likelihood of arising of 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 temple festival at Arulmigu Kengaiamman Tirukoil at Kumararajipettai Village & Post, Pallipattu Taluk, Tiruvallur District, on 01.06.2016, however, with the following conditions:- (a) The cultural programme in the event of temple festival at Arulmigu Kengaiamman Tirukoil at Kumararajipettai Village & Post, Pallipattu Taluk, Tiruvallur District, shall be conducted on 01.06.2016 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.

Sd/- Assistant Registrar(VO) //True Copy// Sub Assistant Registrar

To The Inspector of Police, D5, Pallipattu Police Station, Pallipattu Taluk, Tiruvallur District.

+1cc to the Government Pleader sr.28602 +1cc to Mr.D.Thrimoorthy, Advocate Sr.28619 W.P.No.18101 of 2016 pur(CO) srg(27/05/2016)