E.Meganathan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.4915 of 2016 E.Meganathan .. Petitioner Vs.
The Inspector of Police, Ambur Talik Police Station, Ambur Taluk, Vellore District.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to consider the representation dated 03.02.2016 seeking permission and protection to conduct cultural program in Arulmigu Sri Sakthi Mariamman Thirukoil to be held at Gollamangalam Village, Ambur Taluk, Vellore District scheduled to be held on 22.02.2016 from 7.00pm to 10.00pm. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.P.Karthikeyan, GA.
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal.
2. Seeking permission to conduct cultural programme on 22.02.2016 in Arulmigu Sri Sakthi Mariamman Thirukoil to be held at Gollamangalam Village, Ambur Taluk, Vellore District, the petitioner made a representation dated 03.02.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
4. Learned Government Advocate, on instructions, would submit that there is likelihood of law and order problem.
5. 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 22.02.2016 in Arulmigu Sri Sakthi Mariamman Thirukoil to be held at Gollamangalam Village, Ambur Taluk, Vellore District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at Gollamangalam Village, Ambur Taluk, Vellore District, to be held on 22.02.2016 between 07.00 p.m. to 10.00 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-IV) //True Copy// Sub Assistant Registrar tsh
To
1. The Inspector of Police, Ambur Taluk Police Station, Ambur Taluk, Vellore District.
2. The Public Prosecutor, High Court, Madras.
+1 cc to Mr.D.Thirumoorthy, Advocate, sr.8955 +1 cc to Government Pleader, sr.8799 W.P.No.4915 of 2016 tej co kra 16.02.2016