A.Govindasamy v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.05.2022
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH W.P.No.13068 of 2022 A.Govindasamy ... Petitioner Vs.
1. The Superintendent of Police, Namakkal, Namakkal District - 637 001.
2. The Inspector of Police, Erumapatti Police Station, Sendamangalam Taluk, Namakkal District - 637 013.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus or any other in the nature of writ, directing the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 30.05.2022 at 6.00 pm to 11.00 pm at "Sri Mariamman Temple Festival" at Alanganatham Village, Alanganatham Post, Sendamangalam Taluk, Namakkal District by consider and pass orders on the representation dated 09.05.2022 made by the petitioner.
For Petitioner : Mr.R.Suryakumaran For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondents to consider the petitioner's representation dated 09.05.2022 and to grant permission to conduct the cultural programme which is scheduled to be held on 30.05.2022 in connection with the Sri Mariamman Temple Festival at Alanganatham Village, Alanganatham Post, Sendamangalam Taluk, Namakkal District.
2. Heard the learned counsel appearing for the petitioner
and the learned Additional Public Prosecutor appearing for the respondents.
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 "Sri Mariamman Temple Festival" at Alanganatham Village, Alanganatham Post, Sendamangalam Taluk, Namakkal District, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Mariamman Temple Festival at Alanganatham Village, Alanganatham Post, Sendamangalam Taluk, Namakkal District on 30.05.2022 between 6.00 pm. and 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 second respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed.
Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar ham To
1. The Superintendent of Police, Namakkal, Namakkal District - 637 001.
2. The Inspector of Police, Erumapatti Police Station, Sendamangalam Taluk, Namakkal District - 637 013.
3. The Public Prosecutor, High Court, Madras.
W.P.No.13068 of 2022 SPD(CO) SU(23/05/2022)