R.Selvaraj 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.14029 of 2022 R.Selvaraj

...Petitioner

Vs.

1.The Inspector of Police, Sulur Police Station, Sulur Circle, Coimbatore District.

2.The Inspector of Police Sulthanpet Police Station, Coimbatore District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 22/05/2022 in Na.Ka.No.31/Circle Office/Sulur Police Circle/2022 and quash the same and consequently directing the respondents to give permission and police protection to conduct Cultural program (Adal Padal Nigalchi) in the event of Senjeriputhur Village and Post, Arulmigu Sree Vadapathirakaliyamman Arulmigu Ponmariyamman Temple Festival at Sulur Taluk, Coimbatore District on 08.06.2022 between 06.00 p.m to 11.00 p.m. For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This petition has been filed to call for the records of the 1st respondent dated 22/05/2022 in Na.Ka.No.31/Circle Office/Sulur Police Circle/2022 and quash the same and consequently directing the respondents to give permission and police protection to conduct Cultural programme on 08.06.2022 in Arulmigu Sree Vadapathirakaliyamman Arulmigu Ponmariyamman Temple Festival, Senjeriputhur Village and Post, Sulur Taluk, Coimbatore District.

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 "Arulmigu Sree Vadapathirakaliyamman Arulmigu Ponmariyamman Temple", Senjeriputhur Village and Post, Sulur Taluk, Coimbatore District, however with the following conditions:- (a) The cultural programme in connection with the event of "Arulmigu Sree Vadapathirakaliyamman Arulmigu Ponmariyamman Temple", Senjeriputhur Village and Post, Sulur Taluk, Coimbatore District, on 08.06.2022 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. (k) The petitioner is directed to give an undertaking before the respondent police that no law and order problem would be created in the course of conducting the cultural programme.

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

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar drl/gsk To 1.The Inspector of Police, Sulur Police Station, Sulur Circle, Coimbatore District.

2.The Inspector of Police Sulthanpet Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.N.Balakrishnan, Advocate SR. No. 31984 W.P.No.14029 of 2022 JPII (CO) PR (03/06/2022)