K.Palani, S/O.Kuppan, v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.05.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.18316 of 2016 K.Palani ... Petitioner Vs.
The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.
... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondent to grant permission to conduct cultural programme on 01.06.2016 as part of H.Pudupatti Arulmigu Sri Kalaimman Thiruvizha, Pappirettipatti Taluk, Dharmapuri District by considering petitioner's representation dated 19.05.2016.
For Petitioner :
Mr.A.Satishkumar For Respondent :
Mr.A.Zakir Hussain Government Advocate
O R D E R
Seeking permission to conduct cultural programme in the event of ''H.Pudupatti Arulmigu Sri Kalaimman Thiruvizha in Pappirettipatti Taluk, Dharmapuri District on 01.06.2016, the petitioner made a representation dated 19.05.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
3. Learned Government Advocate, 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 writ petition is allowed and the petitioner is permitted to
conduct cultural programme in the event of ''H.Pudupatti Arulmigu Sri Kalaimman Thiruvizha in Pappirettipatti Taluk, Dharmapuri District , however, with the following conditions:- (a) The cultural programme in the event of ''H.Pudupatti Arulmigu Sri Kalaimman Thiruvizha in Pappirettipatti Taluk, Dharmapuri District, shall be conducted on 01.06. 2016 between 06.00 p.m. and 10.30 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues 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 shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.
smi
To The Inspector of Police, A.Pallipatti Police Station, Dharmapuri District.
+ 1 CC to Mr.D.Sathish Kumar, Advocate sr no 28686 W.P.No.18316 of 2016 gp/