P.Kurusamy v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.378 of 2016 P.Kurusamy ... Petitioner Vs.

The Inspector of Police, Aappa Koodal Police Station, Bavani Taluk, Erode District.

... Respondent PRAYER:Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to give permission on the basis of the petitioner's representation dated 22.12.2015 to conduct the dance programme in the event of Om Kaliyamman Kovil festival on 15.01.2016 at 32, Gandhi Street, Karattupalayam, Vellaippalayam Post, Aappakoodal, Bavani Taluk, Erode District.

For Petitioner : Mr.N.Desinghu For Respondent : Mrs.P.Rajalakshmi, Govt. Advocate

O R D E R

Seeking permission to conduct a cultural programme scheduled to be held on 15.01.2016 at Om Kaliyamman Kovil festival, No.32, Gandhi Street, Karattupalayam, Vellaippalayam Post, Aappakoodal, Bavani Taluk, Erode District, the petitioner made a representation dated 22.12.2015 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 Government Advocate appearing for the respondent.

3.Learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/

matter, the writ petition is allowed and the petitioner is permitted to conduct festival cultural programme on 15.01.2016 at Om Kaliyamman Kovil, No.32, Gandhi Street, Karattupalayam, Vellaippalayam Post, Aappakoodal, Bavani Taluk, Erode District, however, with the following conditions:- (a)The cultural programme in connection with temple Festival of Om Kaliyamman Kovil, No.32, Gandhi Street, Karattupalayam, Vellaippalayam Post, Aappakoodal, Bavani Taluk, Erode District, be held on 15.01.2016 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-III) /TRUE COPY/ Sub-Assistant Registrar DP To The Inspector of Police, Aappa Koodal Police Station, Bavani Taluk, Erode District.

+1 CC to MR.N.Desinghu Advocate. SR.NO. 1263 +1 CC to Govt.Pleader. SR.NO. 1366 W.P.No.378 of 2016 CO-LRS JD 08/01/2016 https://hcservices.ecourts.gov.in/hcservices/