Duraisamy, v. The 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.18166 of 2016 Duraisamy ... Petitioner Vs.
The Inspector of Police Kottapatti Police Station Dharmapuri District ... Respondent Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to grant permission to conduct the cultural programme (Theru Koothu) on 28.05.2016 during the Masi festival of Irattaikombu Ramar Temple also known as Eloor Ramar Temple. For Petitioner : Mr. C.Prabhakaran For Respondents : Mr. P. Sanjay Gandhi, Addl.Govt.Pleder
ORDER
By consent, the main writ petition is taken up for final disposal.
2. Seeking permission to conduct the village temple festival cultural programme at Masi festival of Irattaikombu Ramar Temple also known as Eloor Ramar Temple on 28.5.2016 at Dharmpuri District by considering the petitioner's representation dated 29.04.2016. 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 Masi festival of Irattaikombu Ramar Temple also known as Eloor Ramar Temple on 28.5.2016 at Dharmpuri District 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 Kottapatti Police Station Dharmapuri District + 1 c to Mr.C.Prabakaran, Advocate SR 28449 + 1 cc to Govt.Pleader SR 28637 (co) prk20/5 Writ Petition No.18166 of 2016