Mr.M.Ashok Kumar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19-05-2016
CORAM
THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM Writ Petition No.18164 of 2016 M.Ashok Kumar ... Petitioner Vs.
The Inspector of Police Virudhampattu Police Station, Virudhampattu, Vellore District ... Respondent Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider the representation dated 02.05.2016 in seeking permission and protection to conduct cultural program in Arulmigu Ponniamman Tiru Koil at R.G.Mullai Nagar, Karasamangalam Post, Katpadi Taluk, Vellore District schedule to be held on 27.05.2016 from 7.00 p.m to 10.00 p.m. For Petitioner :
Mr. D.Thirumoorthy For Respondent :
Mr. P. Sanjay Gandhi, Addl.Govt.Pleader
ORDER
By consent, the main writ petition is taken up for final disposal.
2. Seeking permission to conduct the village temple festival cultural programme on 27.05.2016 at "Arulmigu Ponniamman Tiru Koil" at R.G.Mullai Nagar, Karasamangalam Post, Katpadi Taluk, Vellore District by considering the petitioner's representation dated 02.05.2016. 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 in "Arulmigu Ponniamman Tiru Koil", R.G.Mullai Nagar, Karasamangalam Post, Katpadi Taluk at Vellore District on 27.5.2016 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. srn/glp -s/d- Assistant Registrar(CS-VI)/ Vacation Officer True Copy Sub-Assistant Registrar
To The Inspector of Police Virudhampattu Police Station, Virudhampattu, Vellore District + 1 cc to M/s.D.Thirumoorthy, Advocate, SR 28620 + 1 cc to Govt.Pleader, High Court, Madras SR 28630 rsk(co) prk20/5 Writ Petition No.18164 of 2016