M.Muniraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.36777 of 2015 M.Muniraj ... Petitioner Vs.

The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to grant permission and protection to conduct cultural programme (dance and music programme) in the Sri Malligarjuna Swamy Temple situated at No.2/210, Andevanapally village & Post, Denkanikottai Taluk, Krishnagiri District, Pin. 635 107, scheduled to be held on 25.11.2015 from 6.00 p.m to 11.00 p.m.

For Petitioner : Mr.N.Desinghu For Respondent : Mr.P.Sanjay Gandhi, Addl.Govt.Pleader

O R D E R

Seeking permission to conduct the cultural programme scheduled to be held on 25.11.2015 at Sri Malligarjuna Swamy Temple situated at No.2/210, Andevanapally village & Post, Denkanikottai Taluk, Krishnagiri District, the petitioner made a representation dated 12.11.2015 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 https://hcservices.ecourts.gov.in/hcservices/

permitted to conduct cultural programme on 25.11.2015 at Sri Malligarjuna Swamy Temple situated at No.2/210, Andevanapally village & Post, Denkanikottai Taluk, Krishnagiri District, however, with the following conditions:- (a)The cultural programme in connection with temple Festival at Sri Malligarjuna Swamy Temple situated at No.2/210, Andevanapally village & Post, Denkanikottai Taluk, Krishnagiri District, be held on 25.11.2015 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)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.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Inspector of Police, Denkanikottai Police Station, Denkanikottai Krishnagiri District.

+1 CC to Mr.N.Deshinghu, Advocate, sr.62719 +1cc to The Government Pleader Sr.63359[23/11/2015] jsv co, kra 20.11.2015 W.P.No.36777 of 2015 https://hcservices.ecourts.gov.in/hcservices/