V.Ramasamy 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 V.Ramasamy ... Petitioner Vs.
1.The Superintendent of Police, Perambalur, Perambalur District - 621 212.
2.The Inspector of Police, Kunnam Police Station, Kunnam Taluk, Perambalur District - 621 708.
... 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 respondents herein to grant permission to conduct the Cultural Programme of Adal Padal on 11.05.2023 at 06.00 p.m to 11.00 p.m at "Sri Ayyanar Temple Car Festival", Varagur Village, Varagur Post, Kunnam Taluk, Perambalur
District by consider and pass orders on the representation dated 29.04.2023 made by the petitioner within the time frame as may by this Honourable Court.
For Petitioner : Mr.R.Suryakumaran For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side)
ORDER
Seeking permission to conduct cultural programme in the event of Sri Ayyanar Temple Car Festival, Varagur Village, Varagur Post, Kunnam Taluk, Perambalur District, the petitioner made a representation dated 29.04.2023 to the respondents. As the same has not been considered, the present Criminal Original 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 (Criminal Side) appearing for the respondents.
4. Learned Government Advocate (Criminal 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 Ayyanar Temple Car Festival, Varagur Village, Varagur Post, Kunnam Taluk, Perambalur District, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Ayyanar Temple Car Festival, Varagur Village, Varagur Post, Kunnam Taluk, Perambalur District, shall be conducted on 11.05.2023, between 06.00 p.m. and 10.00 p.m. (b) The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as charges, to the respondents Police and on receipt
of the same, the respondents Police are 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 respondents Police are directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondents Police are 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 utilised for the purpose of execution of the Order.
04.05.2023 Speaking Order/Non-Speaking Order Index : Yes/No arb/jas
G.K.ILANTHIRAIYAN, J.
arb/jas To 1.The Superintendent of Police, Perambalur, Perambalur District - 621 212.
2.The Inspector of Police, Kunnam Police Station, Kunnam Taluk, Perambalur District - 621 708.
3.The Public Prosecutor, High Court of Madras.
04.05.2023