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Madras High CourtWP/13167/2022allowed

T.P.Murugan v. The Inspector 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.13167 of 2022 T.P.Murugan .. Petitioner Vs.

The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to give the Bandobust for permission with police protection to conduct the cultural programme on 11.06.2022 at 6.00 PM to 11 PM in the event of Sri Karivaradharajaperumal Koil, Kittampatti Post, Pennagaram, Dharmapuri District based on the petitioner's representation dated 13.05.2022. For Petitioner : Mr.K.Prabhakaran For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to give the Bandobust for permission with police protection to conduct the cultural programme on 11.06.2022 at 6.00 PM to 11 PM in the event of Sri Karivaradharajaperumal Koil, Kittampatti Post, Pennagaram, Dharmapuri District based on the petitioner's representation dated 13.05.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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 Karivaradharajaperumal Koil, Kittampatti Post, Pennagaram, Dharmapuri District however with the following conditions:- (a) The cultural programme in connection with the event of Sri Karivaradharajaperumal Koil, Kittampatti Post, Pennagaram, Dharmapuri District on 11.06.2022 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 respondent is directed to issue necessary permission, incorporating the above conditions.

5. With the above directions, this Writ Petition stands allowed.

Sd/- Vacation Officer //True copy// Sub Assistant Registrar rna To 1.The Inspector of Police, Papparapatti Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

W.P.No.13167 of 2022 KJ(CO) GMY(26/05/2022)