N. Sigamani v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2015
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.25260 of 2015 N.Sigamani .. Petitioner v.
The Inspector of Police, Mangalamedu Police Station, Perambalur District .. Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent authority to give permission to conduct the dance programme at S.L.R.Colony, Eriyarur Post, Veppanthattai Taluk, Perambalur District festival of Sri Muthumariamman Koil Thiruvila on 15.08.2015 by considering petitioner's representation dated 11.08.2015. For Petitioner :
Mr.P.Murugian For Respondent :
Mr.Roofus Abraham Govt. Advocate
ORDER
Seeking permission to conduct cultural programme on 15.08.2015 at Sri Muthumariamman Koil situated at S.L.R.Colony, Eriyarur Post, Veppanthattai Taluk, Perambalur District the petitioner made a representation dated 11.08.2015 to the respondent. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
3. Learned Government Advocate, on instructions, would submit that there is likelihood of 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 writ petition is allowed and the petitioner is permitted to conduct cultural programme on 15.08.2015 at S.L.R.Colony, Eriyarur Post, Veppanthattai Taluk, Perambalur District, however, with the following conditions:- https://hcservices.ecourts.gov.in/hcservices/
(a) The cultural programme in connection with temple Festival at Sri Muthumariamman Koil, be held on 15.08.2015 between 07.00 p.m and 11.00 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste be played. (e) No flex boards in support of any political party or communal leader be erected.
(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is any 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; and (h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (i) The respondent is directed to issue necessary permission, incorporating the above conditions. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Rj To The Inspector of Police, Mangalamedu Police Station, Perambalur District.
+ 1 cc to M/s.P.Murugian, Advocate SR 42735 rsk(co) prk14/8 W.P.No.25260 of 2015 https://hcservices.ecourts.gov.in/hcservices/