G.Rajalingam, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.27995 of 2015 G.Rajalingam ..

Petitioner Vs.

The Inspector of Police, Ammapettai Police Station Ammapettai ..

Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to grant permission to conduct the cultural dance program to be held at Sri Irusiamman Temple Theedal on 14.09.2015 at night during festival at B.K.Palayur, Kannapalli Village, Andhiyur Taluk, Erode District, within the jurisdiction of Ammapettai Police Station, Ammapettai by disposing the representation dated 01.09.2015. For Petitioner ..

Mr.B.Vasudevan For Respondent ..

Mr.A.Kumar Special Government Pleader

ORDER

Seeking permission to conduct cultural programme on 14.09.2015 at Sri Irusiamman Temple Theedal at, Erode District, the petitioner made a representation dated 01.09.2015 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 Special Government Pleader appearing for the respondent.

3. Learned Special 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 14.09.2015 at Sri Irusiamman Temple Theedal, B.K.Palayur, Kannapalli Village, Andhiyur Taluk, Erode District, however, with the following conditions:- https://hcservices.ecourts.gov.in/hcservices/

(a) The cultural programme in connection with temple Festival at Sri Irusiamman Temple Theedal, B.K.Palayur, Kannapalli Village, Andhiyur Taluk, Erode District, be held on 14.09.2015 between 06.00 p.m. to 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 respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

ssd s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To The Inspector of Police, Ammapettai Police Station Ammapettai + 1 cc to M/s.B.Vasudevan, Advocate SR 48241 + 1 cc to the Government Pleader High Court, Madras SR 48604 gr(co) prk8/9 W.P.No.27995 of 2015 https://hcservices.ecourts.gov.in/hcservices/