D.Venkatesan 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.13842 of 2022 D.Venkatesan ... Petitioner Vs.
The Inspector of Police, Kannankurichi Police Station, Kannankurichi, Salem 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 give permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kondappanaickanpatti Village, Sathya Nagar Arulmigu Sree Sakthi Mariyamman Temple Festival at Salem Taluk & District on 02.06.2022 between 6.00 PM to 11.00 PM by considering the Petitioner's representation dated 25.05.2022. For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)
O R D E R
This petition has been filed to direct the respondent authority to give permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of Kondappanaickanpatti Village, Sathya Nagar Arulmigu Sree Sakthi Mariyamman Temple Festival at Salem Taluk & District on 02.06.2022 between 6.00PM to 11.00PM 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 "Kondappanaickanpatti Village, Sathya Nagar Arulmigu Sree Sakthi Mariyamman Temple Festival at Salem Taluk & District" however with the following conditions:- (a) The cultural programme in connection with the event of "Kondappanaickanpatti Village, Sathya Nagar Arulmigu Sree Sakthi Mariyamman Temple Festival at Salem Taluk & District" on 02.06.2022 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/- Assistant Registrar(T&P)/ VACATION OFFICER //True Copy// Sub Assistant Registrar rka/kp
To 1.The Inspector of Police, Kannankurichi Police Station, Kannankurichi, Salem District.
2.The Public Prosecutor, High Court, Madras.
W.P.No.13842 of 2022 NRJK(CO) KM(02/06/2022)