V.Perumal v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.06.2022

CORAM

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN V.Perumal ... Petitioner Vs.

1.The Inspector of Police, Kanthili Police Station, Thirupattur.

2.The Sub Inspector of Police, Kanthili Police Station, Thirupattur.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to permit the petitioner to conduct the Nattiyalaya program, as a part of the temple festival which is scheduled to be held on 07.06.2022 in "Sri Mari Amman Temple" Chinnakanthili Village, Thirupattur, by considering the representation dated 25.05.2022.

For Petitioner : Mr.S.Sai Shankar For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/5

O R D E R

This petition has been filed to direct the respondents to permit the petitioner to conduct the Nattiyalaya program, as a part of the temple festival which is schedule to be held on 07.06.2022 in "Sri Mari Amman Temple" Chinnakanthili Village, Thirupattur, by considering the representation dated 25.05.2022.

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 Mari Amman Temple" Chinnakanthili Village, Thirupattur, however with the following conditions:- 2/5

(a) The cultural programme in connection with the event of "Sri Mari Amman Temple" Chinnakanthili Village, Thirupattur on 07.06.2022 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 3/5

(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(j) The second respondent is directed to issue necessary permission, incorporating the above conditions.

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

01.06.2022 Index :Yes/No Speaking/Non speaking order ab/sp To 1.The Inspector of Police, Kanthili Police Station, Thirupattur.

2.The Sub Inspector of Police, Kanthili Police Station, Thirupattur.

3.The Public Prosecutor, High Court, Madras.

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C.V.KARTHIKEYAN,J ab/sp 01.06.2022 5/5