Kasi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.05.2022
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH W.P.No.13097 of 2022 Kasi .. Petitioner Vs.
1.The Superintendent of Police, O/o The Superintendent of Police Office, Kallakurichi.
2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police Office, Kallakurichi.
3.The Inspector of Police, Kallakurichi Police Station, Kallakurichi.
4.The Sub Inspector of Police, Varanjaram Police Station, Varanjaram, Kallakurichi.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation and give permission to conduct the dance programme and Adal Padal in the event of Arulmigu Sri Muthu Mariamman Koil Thiruvizha on 30.05.2022 6.00 pm to 11.00 pm at Arulmigu Sri Mariamman Koil, Koothakudi Village in Colony, Kallakurichi Taluk and District 606 305.
For Petitioner : Mr.K.Amirthalingam 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 and give permission to conduct the dance programme and Adal Padal in the event of Arulmigu Sri Muthu Mariamman Koil Thiruvizha on 30.05.2022 6.00
pm to 11.00 pm at Arulmigu Sri Mariamman Koil, Koothakudi Village in Colony, Kallakurichi Taluk and District 606 305.
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 Arulmigu Sri Mariamman Koil, Koothakudi Village in Colony, Kallakurichi Taluk and District 606 305 however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sri Mariamman Koil, Koothakudi Village in Colony, Kallakurichi Taluk and District 606 305 on 30.05.2022 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 3rd 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, O/o The Superintendent of Police Office, Kallakurichi.
2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police Office, Kallakurichi.
3.The Inspector of Police, Kallakurichi Police Station, Kallakurichi.
4.The Sub Inspector of Police, Varanjaram Police Station, Varanjaram, Kallakurichi.
5.The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.Amirthalingam, Advocate, S.R.No.31693 W.P.No.13097 of 2022 EV(CO) GN(24/05/2022)