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Madras High CourtWP/18155/2016disposed of

A.Chandramohan v. The Inspector Of Police

2016-05-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-05-2016

CORAM

THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM Writ Petition No.18155 of 2016 A.Chandramohan ... Petitioner Vs.

The Inspector of Police Jollarpettai Police Station, Jollarpettai Vellore District ... Respondent Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to give permission to the petitioner to conduct a cultural program schedule to be held on 26.05.2016 "Shri Munisvarar Temple" at No.103, Katteri Village, Pugaravattam, Pakkirithakka Post, Jollarpettai, Vellore District by considering the petitioner's representation dated 04.05.2016. For Petitioner : Mr. Satheesh For Respondents : Mr. P.Sanjay Gandhi, GA

ORDER

By consent, the main writ petition is taken up for final disposal.

2.

Seeking permission to conduct a cultural program schedule to be held on 26.05.2016 "Shri Munisvarar Temple" at No.103, Katteri Village, Pugaravattam, Pakkirithakka Post, Jollarpettai, Vellore District by considering the petitioner's representation dated 04.05.2016. The same has not been considered and hence, the present writ petitions have been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondent.

4. Learned Government Advocate, on instructions, would submit that there is likelihood of law and order problem.

5. A mere apprehension cannot be a ground to reject the representation of the petitioner. 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.

6. In such view of the matter, the writ petition is disposed of and the petitioner is permitted to conduct the village temple festival, however, with the following conditions:- "(a) cultural programme at "Shri Munisvarar Temple" at No.103, Katteri Village, Pugaravattam, Pakkirithakka Post, Jollarpettai, Vellore District on 26.05.2016 between 06.00 p.m. to 10.30 p.m.

(b) There should not be any kind of obscene dance or vulgar dialogue 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 be played.

(e) No flex boards in support of any political party or communal leader be erected.

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) If there is any 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; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time."

Further, the respondent is directed to issue necessary permission, incorporating the above conditions. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar srn/glp

To The Inspector of Police Jollarpettai Police Station, Jollarpettai Vellore District 1 cc to Mr.Satheesh, Advocate, sr.28476 1 cc to Government Pleader, sr.28631 Writ Petition No.18155 of 2016 kra 23.05.2016