V.Madhappan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.06.2022
CORAM
THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN W.P.No.13572 of 2022 V.Madhappan ... Petitioner Vs.
1. The Superintendent of Police, Dharmapuri, Dharmapuri District - 636 704.
2. The Inspector of Police, Pennagaram Police Station, Pennagaram Taluk, Dharmapuri District - 636 810.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 05.06.2022 at 06.00 pm to 11.00 pm at "Sri Sakthi Mariamman Temple Festival" Jelmarampatti Village, Thasampatti Post, Pennagaram Taluk, Dharmapuri District by considering petitioner's representation dated 23.05.2022. For Petitioner : Mr.G.Satheesh For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)
O R D E R
This petition has been filed to direct the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 05.06.2022 at 06.00 pm to 11.00 pm at "Sri Sakthi Mariamman Temple Festival" Jelmarampatti Village, Thasampatti Post, Pennagaram Taluk, Dharmapuri District by considering petitioner's representation dated 23.05.2022.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.
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 Sakthi Mariamman Temple Festival" at Jelmarampatti Village, Thasampatti Post, Pennagaram Taluk, Dharmapuri District however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Sakthi Mariamman Temple Festival" at Jelmarampatti Village, Thasampatti Post, Pennagaram Taluk, Dharmapuri District on 05.06.2022 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed. No costs.
Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar ab/sp
To
1. The Superintendent of Police, Dharmapuri, Dharmapuri District - 636 704.
2. The Inspector of Police, Pennagaram Police Station, Pennagaram Taluk, Dharmapuri District - 636 810.
3. The Public Prosecutor, High Court, Madras.
W.P.No.13572 of 2022 RSV(CO) SU(03/06/2022)