K.Sivan, v. The District Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.5660 of 2016 K.Sivan ... Petitioner vs.
1. The District Superintendent of Police, Krishnagiri.
2. The Inspector of Police, Bargur Police Station, Krishnagiri District.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the second respondent herein to grant permission for conducting dance programme on 21.2.2016 in Sri Mariamman Thiruvizha of Paraiyur Village, Bargur Taluk, Krishnagiri District. For Petitioner :
Mr.S.V.Karthikeyan For Respondents :
Mr.M.Dig Vijaya Pandian, Addl. Govt. Pleader.
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. Seeking permission to conduct cultural programme on 21.2.2016 in Sri Mariamman Thiruvizha of Paraiyur Village, Bargur Taluk, Krishnagiri District, the petitioner made a representation dated 11.2.2016 to the second 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 Additional Government Pleader appearing for the respondents.
4. Learned Additional Government Pleader, 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 21.2.2016 in Sri Mariamman Thiruvizha of Paraiyur Village, Bargur Taluk, Krishnagiri District, however, with the following conditions:- (a) The cultural programme in connection with Sri Mariamman Thiruvizha of Paraiyur Village, Bargur Taluk, Krishnagiri District, to be held on 21.2.2016 between 06.00 p.m. to 10.30 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogue 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.
Further, the second respondent is directed to issue necessary permission, incorporating the above conditions. No costs. sbi -s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To
1. The District Superintendent of Police, Krishnagiri.
2. The Inspector of Police, Bargur Police Station, Krishnagiri District.
+ 1 cc to Mr.S.V.Karthikeyan Advocate SR 9656 + 1 cc to Govt.Pleader SR 9950 skv(co) prk17/2 W.P.No.5660 of 2016