Mani 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.13787 of 2022 Mani ... Petitioner Vs.

The Inspector of Police, Adhiyaman Kottai Police Station, Adhiyaman Kottai, Dharmapuri District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other in the nature of Writ directing the respondent to grant permission and provide police protection to conduct cultural programme (Adal Padal Nigalchi) in the event of Nallampalli Village, Dharmapuri District, Arulmigu Sri Ongaliamman Temple Festival at Nallampalli Village, Dharmapuri District on 08.06.2022 by considering the petitioner's representation dated 28.05.2022.

For Petitioner : Mr.R.Rajadurai 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 the cultural programme on 08.06.2022 at 6.00 pm to 11 p.m in the event of Nallampalli Village, Dharmapuri District, Arulmigu Sri Ongaliamman Temple Festival at Nallampalli Village, Dharmapuri District based on the petitioner's representation dated 28.05.2022.

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 Nallampalli Village, Dharmapuri District, Arulmigu Sri Ongaliamman Temple Festival at Nallampalli Village, Dharmapuri District however with the following conditions:- (a) The cultural programme in connection with the event of Nallampalli Village, Dharmapuri District, Arulmigu Sri Ongaliamman Temple Festival at Nallampalli Village, Dharmapuri District on 08.06.2022 at 6.00 pm to 11 p.m. 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/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar sma/mrn

To 1.The Inspector of Police, Adhiyaman Kottai Police Station, Adhiyaman Kottai, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

W.P.No.13787 of 2022 sr(CO) A.SK(06/06/2022)