A.Sengottaiyan, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.6878 of 2016 *A.Sengottaiyan .. Petitioner Vs.
The Inspector of Police, Karumalaikudal Police Station, Salem District.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent authority to give permission to conduct the cultural programme at Salem District, Mettur Taluk, Thuraiyur Arulmigu Sri Echilpatti Mariamman Koil Thiruvizha on 11.03.2016 by considering the petitioner representation dated 18.02.2016.
For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.M.Dig Vijay Pandian, AGP.
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 11.03.2016 in Arulmigu Sri Echilpatti Mariamman Koil Thiruvizha festival to be held at Thuraiyur, Mettur Taluk, Salem District, the petitioner made a representation dated 18.02.2016 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 Additional Government Pleader appearing for the respondent.
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 11.03.2016 in Arulmigu Sri Echilpatti Mariamman Koil Thiruvizha to be held at Thuraiyur, Mettur Taluk, Salem District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at Thuraiyur, Mettur Taluk, Salem District, to be held on 11.03.2016 between 07.00pm to 11.00pm. (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.
(h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time; and (i)The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar(CO) Dated:4/3/2016 *In cause title name of the petitioner in Corrected as per order of this Court dated 9.3.2016 and made therein Sd/- Assistant Registrar(CO) Dated:9/3/2016 //True Copy// Sub Assistant Registrar
tsh.
To To be substituted to the order already despatched The Inspector of Police, on 4.3.2016 Karumalaikudal Police Station, Salem District.
+1 cc to P.R.Murugan Raja, Advocate, sr.11819 +1 cc to Government Pleader, sr.12087 W.P.No.6878 of 2016 ad co kra 04.03.2016 srg 09/03/2016