M.Saminathan 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.13074 of 2022 M.Saminathan ... Petitioner Vs.
1.The Superintendent of Police, Vellore, Vellore District - 632 012.
2.The Inspector of Police, Pallikonda Police Station, Anaicut Taluk, Vellore District - 635 809.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the first and second respondents to give permission to conduct the cultural programme of Adal Padal on 25.05.2022 at 06.00 pm to 11.00 pm at "Sri Chelliamman Temple festival" Chinnamuthunaickenpatti Village, Kandhaneri Post, Anaicut Taluk, Vellore District by considering the representation dated 13.05.2022 made by the petitioner within the time frame as may be fixed by this Court. For Petitioner : Mr.R.Suryakumaran For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This writ petition has been filed to direct the first and second respondents to give permission to conduct the cultural programme of Adal
Padal on 25.05.2022 at 06.00 pm to 11.00 pm at "Sri Chelliamman Temple festival" Chinnamuthunaickenpatti Village, Kandhaneri Post, Anaicut Taluk, Vellore District by considering the petitioner's representation dated 13.05.2022 within the time frame as may be fixed by this Court.
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 Chelliamman Temple situated at Chinnamuthunaickenpatti Village, Kandhaneri Post, Anaicut Taluk, Vellore District, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Chelliamman Temple situated at Chinnamuthunaickenpatti Village, Kandhaneri Post, Anaicut Taluk, Vellore District on 25.05.2022 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed. 18.05.2022 Index :Yes/No Internet:Yes/No Speaking/Non speaking order sp Note: Issue order copy on 23.05.2022.
To 1.The Superintendent of Police, Vellore, Vellore District - 632 012.
2.The Inspector of Police, Pallikonda Police Station, Anaicut Taluk, Vellore District - 635 809.
3.The Public Prosecutor, High Court, Madras.
N. ANAND VENKATESH,J sp W.P.No.13074 of 2022 18.05.2022