R.Thangaraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.38628 of 2015 R.Thangaraj ... Petitioner Vs.

The Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent authority to give permission to conduct the dance programme at Sanarpudur Mariamman Kovil festival on 09.12.2015 and subsequently the petitioner's representation dated 30.11.2015 at Sanarpudur Village & Post, Rasipuram Taluk, Namakkal District. For Petitioner : Mr.V.RaviChandran For Respondents: Mr.V.Subbiah, Special Government Pleader

O R D E R

Seeking permission to conduct a dance program scheduled to be held on 09.12.2015 at Sanarpudur Mariamman Kovil, the petitioner made a representation dated 30.11.2015 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 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 festival dance programme on 09.12.2015 at Sanarpudur Mariamman Kovil, Sanarpudur Village & Post, Rasipuram Taluk, Namakkal District however, with the following conditions:- https://hcservices.ecourts.gov.in/hcservices/

(a)The dance programme in connection with temple Festival at Sanarpudur Mariamman Kovil be held on 09.12.2015 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.

rms Sd/- Assistant Registrar (iv) /True Copy/ Sub-Assistant Registrar To The Inspector of Police, Rasipuram Police Station, Namakkal District.

W.P.No.38628 of 2015 SD : 08/12/2015 https://hcservices.ecourts.gov.in/hcservices/