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Madras High CourtWP/13353/2022allowed

C.Krishnamoorthy v. The Sub Inspector Of Police

2022-06-02Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2022

CORAM

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN W.P.No.13353 of 2022 C.Krishnamoorthy ... Petitioner Vs.

The Sub Inspector of Police, Thiruppalapandhal Police Station, Thirukoilur Taluk, Kallakurichi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to pass order on the representation of the petitioner on 14.05.2022 and online representations on 15.05.2022 in reference No. HHC22083080, thereby respondent to grant permission for conducting cultural programme on 08.06.2022 night between 07.00 p.m. to 11.00 p.m. Sri Mahamariyammam Thirukoil Tidal, Eduthanur Village & Post, Sankarapuram Taluka, Kallakurichi District.

For Petitioner : Mr.A.Sankar For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondent authority to give permission to conduct a Cultural program schedule to be held on 08.06.2022 in "Sri Mahamariyammam Thirukoil Tidal", Eduthanur Village & Post, Sankarapuram Taluka, Kallakurichi District by considering the petitioner representation dated 14.05.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The learned Government Advocate (Crl. Side), 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 Mahamariyammam Thirukoil Tidal", at Eduthanur Village & Post, Sankarapuram Taluka, Kallakurichi District, however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Mahamariyammam Thirukoil Tidal", at Eduthanur Village & Post, Sankarapuram Taluka, Kallakurichi District on 08.06.2022 between 7.00 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. (k) The petitioner is directed to give an undertaking before the respondent police that no law and order problem would be created in the course of conducting the cultural programme.

5. With the above directions, this Writ Petition stands allowed. No costs.

Sd/- Vacation Officer //True copy// Sub Assistant Registrar tri/mrm To 1.The Sub Inspector of Police, Thiruppalapandhal Police Station, Thirukoilur Taluk, Kallakurichi District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Sankar, Advocate SR.No.31994 W.P.No.13353 of 2022 PM(CO) GMY(03/06/2022)