G.Karunakaran, v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.No.25943 of 2017 G.Karunakaran .. Petitioner Vs State rep. by The Sub Inspector of Police, Gramiya Police Station, Arani Taluk, Tiruvannamalai District.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to directing the respondent to give police protection and permission to the petitioner to conduct a cultural program (Adalum Padalum) Schedule to be held on 07.10.2017 at " Shri Agala Baraswamy Kattu Temple" at Pusimalaikuppam Village & Post, Arani Taluk, Tiruvannamalai District by considering the petitioner representation dated 25.09.2017.

For Petitioner : Mr.M.Manimaran For Respondents : Mr.D.Vairamoorthy Special Government Pleader

O R D E R

Seeking permission to conduct a cultural program (Adalum Padalum) Schedule to be held on 07.10.2017 at " Shri Agala Baraswamy Kattu Temple" at Pusimalaikuppam Village & Post, Arani Taluk, Tiruvannamalai District by considering the petitioner representation dated 25.09.2017 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 Special Government Pleader appearing for the respondent.

3. Learned Special Government Pleader, 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 program (Adalum Padalum) at" Shri Agala Baraswamy Kattu Temple" at Pusimalaikuppam Village & Post, Arani Taluk, Tiruvannamalai District, however, with the following conditions:- (a) The cultural program (Adalum Padalum) in connection with in the event of Shri Agala Baraswamy Kattu Temple" at Pusimalaikuppam Village & Post, Arani Taluk, Tiruvannamalai District, shall be conducted on 07.10.2017 between 06.00 p.m. and 11.00 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.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar aav/kal

To

1. The Sub Inspector of Police, Gramiya Police Station, Arani Taluk, Tiruvannamalai District.

2. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Manimaran, Advocate sr 71319 +1 Cc to Mr.D.Vairamoorthy , Advocate sr 71414 WP.No. 25943 of 2017 MR(CO) sp(05/10/2017)