M.Semmalai, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2016
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.3349 of 2016 M.Semmalai [ Petitioner ] Vs The Inspector of Police Irumpalai Police Station Salem 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 cultural programme at Chinnapusaliyur Arulmighu Sri Mariamman Koil Thiruvizha on 02.02.2016 by considering the petitioner representation dated 25.01.2016.
For Petitioner ..
Mr.R.P.Muruganraja For Respondent ..
Mr.P.Sanjay Gandhi, AGP
ORDER
Seeking permission to conduct cultural programme on 02.02.2016 at Chinnapusaliyur Arulmighu Sri Mariamman Koil Thiruvizha at Maramangalathupatti Post, Salem Taluk, Salem District, the petitioner made a representation dated 25.01.2016 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 cultural programme on 02.02.2016 at Chinnapusaliyur Arulmighu Sri Mariamman Koil Thiruvizha at Maramangalathupatti https://hcservices.ecourts.gov.in/hcservices/
Post, Salem Taluk, Salem District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at 02.02.2016 at Chinnapusaliyur Arulmighu Sri Mariamman Koil at Maramangalathupatti Post, Salem Taluk, Salem District, be held on 02.02.2016 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To The Inspector of Police Irumpalai Police Station Salem District.
1 cc to Mr.R.P. Murugan raja, Advocate, sr. 5397 W.P.No.3349 of 2016 CNR (CO) kk 29/1 https://hcservices.ecourts.gov.in/hcservices/