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Madras High CourtWP/18181/2016disposed of

R.Manivannan v. The Inspector Of Police

2016-05-19Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-05-2016

CORAM

THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM Writ Petition No.18181 of 2016 R.Manivannan [ PETITIONER ] S/o.Rajamanickam 170/66 Rama Udaiyar N.

Pudhupatti post Namakkal Taluk and District Vs The Inspector of Police [ RESPONDENT ] Mohanur Police Station Namakkal District Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent authority to give permission to conduct the cultural programme at Rama Udaiyar Arulmighu Sri Bagavathiamman Koil Thiruvizha on 30.05.2016 at Namakkal Taluk and District by considering the petitioner representation dated 26.04.2016. For Petitioner :

Mr. R.P. Murugan Raja For Respondents :

Mr. P. Sanjay Gandhi, Addl.Govt.Pleader

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 Rama Udaiyar Arulmighu Sri Bagavathiamman Koil Thiruvizha on 30.05.2016 at Namakkal Taluk and District by considering the petitioner representation dated 26.04.2016. 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 Addl.Government Pleader, who has taken notice on behalf of the respondent.

4. Learned Addl.Government Pleader, on instructions, would submit that there is likelihood of law and order problem. https://hcservices.ecourts.gov.in/hcservices/

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 allowed and the petitioner is permitted to conduct the village temple festival, however, with the following conditions:- "(a) cultural programme at Rama Udaiyar Arulmighu Sri Bagavathiamman Koil Thiruvizha on 30.05.2016 at Namakkal Taluk and 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. glp s/d- Assistant Registrar(CS-VI)/Vacation Officer True Copy Sub-Assistant Registrar To The Inspector of Police Mohanur Police Station Namakkal District + 1 cc to Mr.R.P.Muruganraja, Advocate SR 28496 su(co) prk23/5 Writ Petition No.18181 of 2016 https://hcservices.ecourts.gov.in/hcservices/