K. Dineshkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.13861 OF 2022 K.Dineshkumar
...Petitioner
Vs.
The Inspector of Police, Yeriyur Police Station, Yeriyur, Dharmapuri District.
...Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent authority to grant permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Pudur Cholapadi Village Arulmigu Sree Sakthi Mariyamman & Vinayagar Temple Maha Kumbabishekam Festival at Pennagaram Taluk, Dharmapuri District on 04.06.2022 between 06.00 PM to 11.00 PM by considering the Petitioner's representation dated 25.05.2022. For Petitioner :
Mr.N.Sriramaselvam For Respondent :
Mr.R.Vinothraja Government Advocate (Crl. Side)
O R D E R
This petition has been filed to direct the respondent to grant permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Pudur Cholapadi Village Arulmigu Sree Sakthi Mariyamman & Vinayagar Temple Maha Kumbabishekam Festival at Pennagaram Taluk, Dharmapuri District on 04.06.2022 between 06.00 PM to 11.00 PM by considering the Petitioner's representation dated 25.05.2022.
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 "Arulmigu Sree Sakthi Mariyamman & Vinayagar Temple Maha Kumbabishekam Festival" at Pennagaram Taluk, Dharmapuri District however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sree Sakthi Mariyamman & Vinayagar Temple Maha Kumbabishekam Festival at Pennagaram Taluk, Dharmapuri District on 04.06.2022 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 respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Writ Petition stands allowed. No costs.
Sd/- Vacation Officer // True Copy // Sub Assistant Registrar jai To 1.The Inspector of Police, Yeriyur Police Station, Yeriyur, Dharmapuri District.
2.The Public Prosecutor, High Court, Madras.
W.P.No.13861 of 2022 MG(CO) RVM(03/06/2022)