G.Mahalingam v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.05.2023
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN G.Mahalingam ... Petitioner Vs.
1. The Superintendent of Police, Erode, Erode District - 638 001.
2.The Inspector of Police, Vellithiruppur Police Station, Anthiyur Taluk, Erode District - 638 501.
... Respondents Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the first and second respondents to grant permission and police protection to conduct Cultural programme (Adal Padal Nigalchi) in the event of "Sri Selampur Amman Temple Festival" Ennamangalam Village, Ennamangalam Post,
Anthiyur Taluk, Erode District" on 24.05.2023 between 06.00 PM to 11.00 PM by considering the petitioner's representation dated 21.04.2023. For Petitioner : Mr.G.Satheesh For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) ********
ORDER
Seeking permission to conduct cultural programme in the event of "Sri Selampur Amman Temple Festival" Ennamangalam Village, Ennamangalam Post, Anthiyur Taluk, Erode District", the petitioner made a representation dated 21.04.2023 to the respondents. As the same has not been considered, the present Writ petition has been filed.
2. By consent, the writ petition itself is taken up for final disposal.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.
4. Learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.
5. 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 Selampur Amman Temple Festival" Ennamangalam Village, Ennamangalam Post, Anthiyur Taluk, Erode District", however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Selampur Amman Temple Festival" Ennamangalam Village, Ennamangalam Post, Anthiyur Taluk, Erode District", shall be conducted on 24.05.2023 between 06.00 p.m., to 10.00 p.m. (b) Each of the petitioners shall pay a sum of Rs.10,000/- (Rupees Ten thousand only) each, as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(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 second respondent 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.
6. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. The uploaded copy can be utilized for the purpose of execution of the Order.
04.05.2023 drl Internet:Yes Index:Yes/No Speaking/Non speaking order
To
1. The Superintendent of Police, Erode, Erode District - 638 001.
2.The Inspector of Police, Vellithiruppur Police Station, Anthiyur Taluk, Erode District - 638 501.
3.The Public Prosecutor High Court, Madras.
G.K.ILANTHIRAIYAN, J.
drl 04.05.2023