P. Periyasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2015

CORAM

THE HON'BLE Mr. JUSTICE R.MAHADEVAN W.P.No.26000 of 2015 P.Periyasamy [ Petitioner ] Vs The Inspector of Police Palakodu Police Station, Dharmapuri District [Respondent] Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the respondent to give permission to the petitioner to conduct a Cultural Program schedule to be held on 27.08.2015 in "Sri Muniappan Temple" There Festival at P.Kollavi, Perutham Patti Post, Palakodu, Dharmapuri District by considering the petitioner representation dated 11.08.2015. For Petitioner ..

Mr.Farheen For Respondent ..

Mr.S.Pattabiraman Government Advocate

ORDER

Seeking permission to conduct dance programme on 27.08.2015 in "Sri Muniappan Temple" at P.Kollavi, Perutham Patti Post, Palakodu, Dharmapuri 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 27.08.2015 in "Sri Muniappan Temple" at

P.Kollavi, Perutham Patti Post, Palakodu, Dharmapuri District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at in "Sri Muniappan Temple" at P.Kollavi, Perutham Patti Post, Palakodu, Dharmapuri District, be held on 27.08.2015 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) The cultural programme shall be conducted without damaging the actual culture of this land.

(h)If there is any violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary stringent action, as per law and stop such performance; (i)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time, and (j)The respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar

To The Inspector of Police Palakodu Police Station, Dharmapuri District +1 cc to M/S.Farheen Advocate sr.44572 W.P.No.26000 of 2015 aa24/08/2015