T.Ezhumalai v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.05.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.13216 of 2022 T.Ezhumalai
...Petitioner
Vs.
The Inspector of Police, C-5, Vengal Police Station, Thiruvallur District.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to pass orders on the representation of the petitioner dated 13.05.2022 thereby the respondent to grant permission for conducting cultural programme on 02.06.2022 night between 7.00 p.m. to 11.00 p.m. at "Sri Giramadevi Selliyamman Thirukkoil Tidal, Punnambakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District". For Petitioner :
Mr.K.G.Senthilkumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
O R D E R
This petition has been filed to direct the respondents herein to pass orders on the representation of the petitioner dated 13.05.2022 thereby the respondent to grant permission for conducting cultural programme on 02.06.2022 night between 7.00 p.m. to 11.00 p.m. at "Sri Giramadevi Selliyamman Thirukkoil Tidal, Punnambakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District".
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
3.The learned Government Advocate (Criminal Side), submitted that already request has been rejected vide proceedings dated 24.05.2022 on the apprehension of communal clash and submitted a copy of the same before this Court.
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 Giramadevi Selliyamman Thirukkoil Tidal, Punnambakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District" however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Giramadevi Selliyamman Thirukkoil Tidal, Punnambakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District" on 02.06.2022 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. No Costs.
Sd/- Vacation Officer //True Copy// Sub Assistant Registrar ab/mkn
To
1. The Inspector of Police, C-5, Vengal Police Station, Thiruvallur District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.G.Senthilkumar, Advocate SR. No. 31850 W.P.No.13216 of 2022 RSV (CO) PR (02/06/2022)