K.Karthik v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.05.2022
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH W.P.No.13076 of 2022 K.Karthik ... Petitioner Vs.
The State Rep by its, Inspector of Police, Polur Police Station, Thiruvannamalai District.
... Respondent Prayer:
Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the respondent to give permission and protection for village cultural dance program to be held on 19.05.2022 towards Arulmigu Sri Gangaiamman Temple at Potharai Village, Polur Taluk, Thiruvannamalai District forthwith. For Petitioner : Mr.R.Prabudoss For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This writ petition has been filed to direct the respondent to consider the petitioner's representation dated on 15.05.2022 and to give adequate police protection in order to conduct the cultural programme which is schedule to be held on 19.05.2022 in Arulmigu Sri Gangaiamman Temple situated at Potharai Village, Polur Taluk, Thiruvannamalai District.
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 Gangaiamman Temple situated at Potharai Village, Polur Taluk, Thiruvannamalai District, however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sri Gangaiamman Temple situated at Potharai Village, Polur Taluk, Thiruvannamalai District on 19.05.2022 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 respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed.
Sd/- VACATION OFFICER //True Copy// Sub Assistant Registrar
sp To
1. The Inspector of Police, Polur Police Station, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
W.P.No.13076 of 2022 RR(CO) CT 18/05/2022