Mr.Pandurangan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4466 of 2016 Pandurangan ...
Petitioner Vs.
1.The Superintendent of Police, Dharmapuri.
2.The Inspector of Police, Karimangalam Police Station, Palacode Taluk, Dharmapuri District.
...
Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the second respondent to give permission to the petitioner to conduct a Senthil's 123 dance program in respect of the festival of Mariamman Temple at Periyampatti Village, Placode Taluk, Dharmapuri District, schedule to be held on 07.02.2016, by considering the petitioner's representation, dated 01.02.2016.
For Petitioner :
Mr.R.Vijayaraghaven For Respondents :
Mr.S.Pattabiraman, Govt.Advocate.
O R D E R
Seeking permission to conduct Senthil's 123 dance program in respect of the festival of Mariamman Temple at Periyampatti Village, Palacode Taluk, Dharmapuri District, schedule to be held on 07.02.2016, the petitioner made a representation dated 01.02.2016 to the second 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 matter, the writ petition is allowed and the petitioner is permitted to conduct Senthil's 123 dance program in respect of the festival of Mariamman Temple at Periyampatti Village, Palacode Taluk, Dharmapuri District, however, with the following conditions:- (a) The cultural programme in connection with Senthil's 123 dance program in respect of the festival of Mariamman Temple at Periyampatti Village, Plancode Taluk, Dharmapuri District, is to be held on 7.2.2016 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.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar
To 1.The Superintendent of Police, Dharmapuri.
2.The Inspector of Police, Karimangalam Police Station, Palacode Taluk, Dharmapuri District.
+1 cc to Mr.R.Vijayaraghavan Advocate sr.7660 W.P.No.4466 of 2016 aa05/02/2016