K.Vadivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.314 of 2016 K.Vadivel ... 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 to provide permission to conduct village folk dance and other cultural programs on 15.1.2016 at Sri Mariamman Temple existing at R.Pudhupalayam village, Namakkal District. For Petitioner : Mr.T.Meganathan For Respondent : Mr.R.A.S.Senthilvel, Addl.Govt.Pleader

O R D E R

Seeking permission to conduct village folk dance and other cultural programs on 15.1.2016 at Sri Mariamman Temple existing at R.Pudhupalayam village, Namakkal District, the petitioner made a representation dated 29.12.2015 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 permitted to conduct village folk dance and other cultural programs on 15.1.2016 at Sri Mariamman Temple existing at R.Pudhupalayam village, Namakkal District, however, with the following conditions:- https://hcservices.ecourts.gov.in/hcservices/

(a)The village folk dance and other cultural programs in connection with Sri Mariamman Temple existing at R.Pudhupalayam village, Namakkal District, cultural programme be held on 15.1.2016 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar usk To The Inspector of Police, Rasipuram Police Station Namakkal District + 1 cc to M/s. R. Nalliyappan, Advocate sR.844 + 1 cc to Mr. Government Pleader Sr.970 W.P.No.314 of 2016 SAI(CO) EU 12.1.16 https://hcservices.ecourts.gov.in/hcservices/