V. Vijayakumar 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.26001 of 2015 V.Vijayakumar [ Petitioner ] Vs The Inspector of Police, Virunchipuram Police Station, Anaikattu Taluk, Vellore 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 23.08.2015 in "Arulmigu Shri Poigai Muthumari Ammal Temple"There festival at Puthiya Colony, Santhiyamangalam Post, Anaikattu Taluk, Vellore District by considering the petitioner representation dated 16.08.2015.
For Petitioner ..
Ms.Farheen For Respondent ..
Mr.M.S.Ramesh Additional Government Pleader
ORDER
Seeking permission to conduct cultural programme on 23.08.2015 in "Arulmigu Shri Poigai Muthumari Amman Temple" at Puthiya Colony, Santhiyamangalam Post, Anaikattu Taluk, Vellore District, the petitioner made a representation dated 16.08.2015 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 Additional Government Pleader appearing for the respondent.
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 petition is allowed and the petitioner is permitted to conduct cultural programme on 23.08.2015 in "Arulmigu Shri Poigai Muthumari Ammal Temple" at Puthiya Colony, Santhiyamangalam Post, Anaikattu Taluk, Vellore District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival in Arulmigu Shri Poigai Muthumari Ammal Temple at Puthiya Colony, Santhiyamangalam Post, Anaikattu Taluk, Vellore 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) 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 III ) /true copy/ Sub Asst. Registrar
To The Inspector of Police, Virunchipuram Police Station, Anaikattu Taluk, Vellore District.
+1 cc to MS.Farheen, Advocate sr.44571 W.P.No.26001 of 2015 aa21/08/2015