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Madras High CourtWP/13101/2022allowed

S.Arunkumar v. The Superintendent Of Police

2022-05-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.05.2022

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.13101 of 2022 S.Arunkumar ..Petitioner Vs.

1. The Superintendent of Police, Salem, Salem District - 636 007.

2. The Inspector of Police, Gangavalli Police Station, Gangavalli Taluk, Salem District - 636 116.

..Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 28.05.2022 at 06.00 PM to 11.00 PM at "Sri Mariamman Temple Festival" Thedavur Post, Gangavalli Taluk, Salem District by consider and pass orders on the representation dated 09.05.2022 made by the petitioner within the time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.G.Satheesh For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 28.05.2022 at 06.00 PM to 11.00 PM at "Sri Mariamman Temple Festival" Thedavur Post, Gangavalli Taluk, Salem District by consider and pass orders on the representation dated 09.05.2022 made by the petitioner within the time frame as may be fixed by this Hon'ble 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 Mariamman Temple Festival" Thedavur Post, Gangavalli Taluk, Salem District however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Mariamman Temple Festival" Thedavur Post, Gangavalli Taluk, Salem District on 28.05.2022 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.

Sd/- Assistant Registrar/ Vacation Officer //True Copy// Sub Assistant Registrar rna

To

1. The Superintendent of Police, Salem, Salem District - 636 007.

2. The Inspector of Police, Gangavalli Police Station, Gangavalli Taluk, Salem District - 636 116.

3. The Public Prosecutor, High Court, Madras.

W.P.No.13101 of 2022 KJ(CO) RGA(24/05/2022)