M.Sundarapandiyan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4292 of 2016 M.Sundarapandiyan Son of Murugesan, President, Sachin Shewag Festival Association, Ammanimallapuram Post, Palacode and Taluk, Dharmapuri District.
... Petitioner Vs.
1. The Superintendent of Police, Dharmapuri District, Dharmapuri.
2. The Inspector of Police, Marandahalli Police Station, Marandahalli, Dharmapuri District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent-authorities to grant permission to conduct the cultural and dance programmes in a grand manner on 17.02.2016 in Mel Pattallamman Temple festival at Upparahalli, Ammanimallapuram, Palacode, Palacode Taluk, Dharmapuri District. For Petitioner :Mr.R.Ramesh Raja For Respondents :Mr.M.Dig Vijaya Pandian, Addl.G.P.
ORDER
Seeking permission to conduct the cultural, dance and music programmes on 17.02.2016 in Mel Pattallamman Temple festival at Upparahalli, Ammanimallapuram, Palacode, Palacode Taluk, Dharmapuri District, the petitioner made representations, dated 27.01.2016 to the respondents. As the same had 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 respondents.
3. Learned Additional Government Pleader, on instructions, submitted that there is likelihood of law and order problem in conducting the said cultural, dance and music programmes.
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 the cultural, dance and music programmes in Mel Pattalamman Temple festival at Upparahalli, Ammanimallapuram, Palacode, Palacode Taluk, Dharmapuri District, on 17.02.2016, however, with the following conditions:- (a) The cultural, dance and music programmes in connection with the above said Temple festival, is scheduled to be held on 17.02.2016.
(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 said cultural, dance and music programmes 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. (h) Similarly, the Police is entitled to stop the cultural, music and dance programmes, if it exceeds beyond the permitted time.
(i) The respondent is directed to issue necessary permission to conduct the above said cultural, music and dance programmes, incorporating the above conditions.
No costs.
-s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar cs Copy to
1. The Superintendent of Police, Dharmapuri District, Dharmapuri.
2. The Inspector of Police, Marandahalli Police Station, Marandahalli, Dharmapuri District.
+1 cc to R.Ramesh Raja Advocate sr.7407 W.P.No.4292 of 2016 vs(co) aa09/02/2016