K. Natarajan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.25622 of 2015 K.Natarajan ... Petitioner Vs.

1.State of Tamil Nadu rep by The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Neyveli Thermal Police Station, Neyveli Township, Cuddalore District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to grant permission and protection to conduct cultural program (Music program) in the Sri Mariyamman Temple situated at S-Block, Thandavankuppam, Cuddalore District Scheduled to be held on 23.08.2015 from 7.00pm 11.00pm.

For Petitioner : Mr.P.Paramasiva Doss For Respondents: Mr.S.V.Duraisolaimalai, Additional Government Pleader

O R D E R

Seeking permission to conduct cultural programme on 23.08.2015 at Sri Mariyamman Temple situated at S-Block, Thandavankuppam, Cuddalore District, the petitioner made a representation dated 11.08.2015 to the 2nd 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 Additional Government Pleader appearing for the respondents.

3.Learned Additional Government Pleader, 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 https://hcservices.ecourts.gov.in/hcservices/

petition is allowed and the petitioner is permitted to conduct cultural programme on 23.08.2015 at Sri Mariyamman Temple situated at S-Block, Thandavankuppam, Cuddalore District, however, with the following conditions:- (a)The cultural programme in connection with temple Festival at Sri Mariyamman Temple situated at S-Block, Thandavankuppam, Cuddalore District, be held on 23.08.2015 between 06.00 p.m and 10.30 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar va To 1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Neyveli Thermal Police Station, Neyveli Township, Cuddalore District.

W.P.No.25622 of 2015 kji(co), kra(19/08) https://hcservices.ecourts.gov.in/hcservices/