M.Anbarasu v. The Superintend Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.05.2023
CORAM
THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN M.Anbarasu ... Petitioner Vs.
1.The Superintendent of Police, District Superintendent of Police Office, Namakkal District.
2.The Inspector of Police, Velagoundampatty Police Station, Namakkal District - 637 212.
... 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 1 and 2 to consider and dispose of the petitioner's representation dated 15.05.2023, within the stipulated time as prescribed by this Court and consequently, directing the respondents 1 and 2 to grant permission and police protection to conduct cultural programme (Aadalum Padalum Nigazhchi) at Arulmigu Mariamman Temple at Marukkalampatty Village, Velgoundampatty Taluk, Namakkal District on 25.05.2023 between 7.00PM to 11.00 PM.
For Petitioner : Ms.S.Jessy Monica For Respondents : Mr.S.Vinoth Kumar, Government Advocate (Crl. Side)
ORDER
Seeking permission to conduct cultural programme in the event of Arulmigu Mariamman Temple Festival at Marukkalampatty Village, Velgoundampatty Taluk, Namakkal District the petitioner made a representation dated 15.05.2023 to the respondents. As the same has not been considered, the present Writ 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 (Crl. Side) appearing for the respondents.
4. Learned Government Advocate (Crl. 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 Arulmigu Mariamman Temple Festival at Marukkalampatty Village, Velgoundampatty Taluk, Namakkal District however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Mariamman Temple Festival at Marukkalampatty Village, Velgoundampatty Taluk, Namakkal District shall be conducted on 25.05.2023 between 06.00 P.M and 10.00 P.M.
(b) The petitioner shall pay a sum of Rs.5,000/- (Rupees Five thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is 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 police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The second respondent is 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 Web copy can be utilised for the purpose of execution of the Order.
18.05.2023 ars Internet:Yes Index:Yes/No Speaking/Non speaking order
To 1.The Superintendent of Police, District Superintendent of Police Office, Namakkal District.
2.The Inspector of Police, Velagoundampatty Police Station, Namakkal District - 637 212.
3.The Public Prosecutor High Court, Madras.
A.A.NAKKIRAN, J.
ars 18.05.2023