V.Munusamy v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29/2/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.7346 of 2016 V.Munusamy ...
Petitioner Vs The Inspector of Police Thirupathur Police Station Vellore District.
...
Respondent Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to give permission to conduct the cultural programme in the event of Puzhuganavalasai Arulmighu Sri Mariamman Koil Thiruvizha on 9/3/2016 at Puzhuganavalasai, Thirupathur Taluk, Vellore District, by considering the petitioner's representation dated 24/2/2016. For Petitioner ...
Mr.R.P.Murugan Raja For respondents ...
Mr..Dig Vijaya Pandian Additional Government Pleader
O R D E R
With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal, at the admission stage itself.
2. Heard Mr.R.P.Murugan Raja, learned counsel for the petitioner and Mr.M.Dig Vijaya Pandian, learned Additional Government Pleader for the respondent.
3. Seeking permission to conduct cultural programme, on 9/3/2016, at Arulmighu Sri Mariamman Koil Thiruvizha, Puzhuganavalasai, Thirupathur Taluk, Vellore District, by considering the petitioner's representation, dated 24/2/2016, to the respondent. As the same has not been considered, the present writ petition has been filed.
4. The 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.
6. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme on 8/3/2016 at Arulmighu Sri Angalaparameswariamman Koil, Vaniyampadi Taluk, Vadukapattu, Vellore District, however with the following conditions:- (a). The cultural programme in connection with temple Festival at Arulmighu Sri Mariamman Koil Thiruvizha, Puzhuganavalasai, Thirupathur Taluk, Vellore District, to be held on 9/3/2016 between 06.00 p.m. to 11.00 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(CO) //True Copy// Sub Assistant Registrar To The Inspector of Police, Thirupathur Police Station, Vellore District.
+1cc to Mr.R.P.Murugan Raja, Advocate, S.R.No.13007 +1cc to the Government Pleader, S.R.No.12890 W.P.No.7346 of 2016 tej(CO) srg(01/03/2016)